NOTICE
1358 OF 2005
DEPARTMENT
OF LABOUR
EMPLOYMENT
EQUITY ACT, 1998 (ACT 55 OF 1998)
Code of Good Practice on the Integration of
Employment Equity into Human Resource Policies and Practices.
Notice is hereby given that the Code of Good
Practice on the Integration of Employment Equity into Human Resource Policies
and Practices set out in the schedule is issued by the Minister of Labour on
the advice of the Commission for Employment Equity, in terms of section 54 (1)
(a) of the Employment Equity Act, 1998 (Act No 55 of 1998).
MMS
MDLADLANA, MP
MINISTER
OF LABOUR
PART A:
COMMENCING EMPLOYMENT
8
10. MEDICAL, PSYCHOLOGICAL & OTHER
SIMILAR
ASSESSMENTS
18
PART B:
DURING EMPLOYMENT
20
11. TERMS AND CONDITIONS OF EMPLOYMENT
20
12. REMUNERATION
21
13. JOB ASSIGNMENTS
23
14. PERFORMANCE MANAGEMENT
24
15. SKILLS DEVELOPMENT
26
16. PROMOTION AND TRANSFER
30
17. CONFIDENTIALITY AND DISCLOSURE OF
INFORMATION
31
18. RETENTION
33
18.1 SCOPE
33
18.2 IMPACT ON EMPLOYMENT EQUITY
33
19. HARASSMENT
34
20. DISIPLINE, GRIEVANCE AND DISPUTE
RESOLUTION
35
PART C:
ENDING EMPLOYMENT
37
21. TERMINATING EMPLOYMENT
37
22. EXIT INTERVIEWS
38
1.
FOREWORD
The Employment Equity Act, 55 of 1998
("the Act") imposes a duty on
employers to eliminate unfair
discrimination. It also provides a
framework for the attraction, development,
the advancement and
retention of an employers human resource
talent. Research has shown
that employers can increase productivity,
motivation and
resourcefulness in the workplace when they
invest in their people
and treat them with fairness and equity.
This is secured by
eliminating the historical barriers that
prevent the advancement of
the designated groups (Black people
including African, Coloured and
Indian, Women and People with
Disabilities). This ensures that
positive or affirmative action measures are
in place to expedite
their growth and advancement.
In the context of challenges of a
compounded diverse global economy
and Constraints around infrastructure,
skills, poverty, unemployment
and service delivery, employers are
increasingly aware that having
racial, gender and disability diversity is
key to business growth
and development. Sustaining this growth
requires ongoing commitment
toward eliminating barriers, including
skills development, in its
general and specific forms. Some of the main challenges for
employers include; attracting, managing,
developing and retaining
talent in the workforce through effective
human resource management.
In this context, the implementation of
effective employment
equity strategies will assist employers to
maximize human resource
development through the eliminating unfair discrimination
and
barriers and by promoting affirmative
action. This Code provides
guidelines to assist employers in
implementing these initiatives.
2.
OBJECTIVE
2.1. The objective of this Code is to
provide guidelines on the
elimination of unfair discrimination
and the implementation of
affirmative action measures in the
context of key human
resource areas, as provided for in the
Act. This Code is not
intended to be a comprehensive human
resources Code, but rather
an identification of areas of human
resources that are
key to employment equity and can be
used to advance equity
objectives.
2.2. The guidelines in the Code will enable
employers to ensure that
their human resource policies and
practices are based on non-
discrimination and reflect employment
equity principles at the
commencement of employment, during
employment and when
terminating employment.
3.
SCOPE AND LEGAL PRINCIPLES
3.1. This Code is issued in terms of
section 54 of the Employment
Equity Act and must be read in
conjunction with the Act and
other Codes issued in terms of the Act1.
3.2. The Code should also be read in
conjunction with the
Constitution of South Africa and all
relevant legislation,
including the following:
3.2.1. the Labour Relations Act, 66 of
1995 as amended;
1 Code of Good Practice on the Handling of Sexual Harassment Cases;
Code of Good Practice on the Preparation, Implementation and Monitoring of
Employment Equity Plans; Code of Good Practice on the Employment of People with
Disabilities and Code of Good Practice on Key Aspects of HIV/AIDS and
Employment.
3.2.2. the Basic Conditions of
Employment Act, 75 of 1997 as
amended;
3.2.3. the Skills Development Act, 97
of 1998;
3.2.4. the Skills Development Levies
Act, 9 of 1999; and
3.2.5. the Promotion of Equality and
Prevention of Unfair
Discrimination Act, 4 of 2000.
3.3. This Code applies to all employers and
employees covered by the
Act.
3.4. This Code is intended to be a tool to
aid employers to
implement employment equity by
providing principles that should
be incorporated into employment equity
plans and that guide
policies and practices. This Code is
also intended to provide
guidelines to employers to consider
and apply as appropriate to
their circumstances.
4.
STRUCTURE OF THE CODE
4.1. The structure of this Code mirrors the
life cycle of an
employee in employment. It deals with
possible barriers and
unfair discrimination that could occur
at each phase, including
commencing employment, during
employment and on termination of
employment. It also describes
affirmative action measures that
could be used at each phase to advance
the objectives of the
Act.
4.2. Each topic focuses on the following
areas:
4.2.1. Scope. This section
provides a brief definition of the
topic in the context of the
employment life cycle.
4.2.2. Impact of employment equity.
This section deals with
non-discrimination principles
and affirmative action
measures that are relevant to
the topic.
4.2.3. Policy and practice matters.
This section provides
information about the policy
and practice matters that
could arise, and makes
suggestions regarding their
implementation.
4.2.4. Link with other areas.
This section identifies cross-
references to other key topics
as well as other relevant
Codes and legislation dealt
with in the Codes.
5.
IMPLEMENTING EMPLOYMENT EQUITY
5.1. SCOPE
5.1.1. Implementing employment equity
involves two key
initiatives:
5.1.1.1. Eliminating unfair
discrimination in human
resource policies and practices in the
workplace; and
5.1.1.2 Designing and implementing affirmative
action measures to achieve equitable
representation of designated groups in
all occupational categories and levels in
the workplace.
5.1.2 This section provides a general
outline of these
areas and the different conceptual
and
methodological approaches used to
deal with them
in the workplace.
5.2. IMPACT ON EMPLOYMENT EQUITY
Eliminating unfair discrimination
5.2.1 Section 6 of the Employment Equity
Act prohibits unfair
discrimination2 against
employees or job applicants on
one or more grounds of personal or
physical
characteristics like race, gender,
sex, pregnancy,
marital status, family
responsibility, ethnic or social
origin, colour, sexual orientation,
age, disability,
religion, HIV status, conscience, belief, political
opinion, culture, language and
birth. These
prohibited or other arbitrary
grounds cannot be taken
into account in employment
decision-making. However, it
is fair for them to be taken into account where they
are relevant to either affirmative
action measures or
the inherent requirements of a job.
5.2.2 The Act prohibits both direct and
indirect unfair
discrimination. Direct unfair
discrimination is easy to
identify in the workplace because it
makes a direct
distinction on the basis of one or
more of the
prohibited grounds. Indirect unfair
discrimination
(often called adverse impact or
systemic
discrimination) on the other hand,
is more difficult to
recognize. Indirect unfair
discrimination occurs when a
policy and practice appears to be
neutral but has a
discriminatory effect or outcome for
a particular group
of employees and cannot be
justified. The employers
motive and intent is generally
considered to be
irrelevant in determining whether
unfair discrimination
has occurred. In certain circumstances,
the refusal to
make reasonable accommodation of an
employees needs
and circumstances, where this can be
done without undue
hardship to the employer, can
constitute unfair
discrimination.
5.2.3 Equality can involve a formal notion
of treating
everyone who is in a similar
position the same. This
can perpetuate unfairness when those
who hold similar
positions e.g. all senior managers
have different needs
and circumstances that impact on
their ability to
perform effectively. The
Constitution requires
employers to move beyond formal
equality to substantive
equality by acknowledging the
differences between
employees and treating them
differently on the basis of
those differences. This is necessary
to ensure that all
employees are treated fairly. Equity
therefore invokes
the requirement of fair treatment
in order to achieve
substantive equality as an outcome in the workplace.
Equal treatment and equal
opportunity, like equality,
subjects everyone to the same rules
without
distinction. Equity requires
changing the rules so that
their application is fair.
2 Unfair
discrimination can take place by means of an action or an omission.
5.2.4 Unfair discrimination is prohibited
in the workplace.
In order for employers to execute
one of their primary
responsibilities of eliminating all
forms of unfair
discrimination in the workplace, it
is recommended that
all employers should conduct an
audit and analysis of
all their employment policies and
practices, as well as
the working environment and
facilities. The audit
should identify whether any of the
policies or
practices applicable in the
workplace contain any
unfair discrimination or barriers to
the recruitment,
promotion, advancement and retention
of members of
designated groups. Once the actual
or potential
barriers are identified, an employer
should consult
about the strategies for eliminating
these barriers.
These strategies should be
incorporated into the
development and implementation of
the Employment Equity
Plan for that workplace. Regular
monitoring in the
workplace should occur to ensure
that the unfair
discriminatory policies or practices
do not recur or
manifest themselves in different
ways.
Implementing
affirmative action measures to achieve employment equity
5.2.5 Removing barriers3 is
only the first step towards
ensuring fairness and equity in the
workplace. In the
context of historical disparities in
South Africa, the
Act requires employers, employees
and representative
trade unions to jointly develop
strategies to advance
designated groups by adopting
appropriate affirmative
action measures and incorporating
them into formal
Employment Equity Plans. Affirmative
action measures
are essentially remedial measures
designed to achieve
equity in employment as an outcome4.
5.3.
POLICY AND PRACTICE
5.3.1 This section provides guidance in
relation to the
audit, analysis and consultation
aspects of the
employers obligations5.
5.3.2 Under the Act every designated employer
is required to
undertake four processes when
developing a strategy to
implement employment equity.
5.3.2.1. consulting with its employees and
representative trade unions;
5.3.2.2. auditing and analyzing all
employment policies
and practices in the workplace
and developing
a demographic profile of its
workforce;
5.3.2.3. preparing and implementing an
employment
equity plan; and
5.3.2.4. reporting to the Department of
Labour on
progress made on the
implementation of its
employment equity plan.
3 A
barrier exists where a policy and practice, which also includes procedures,
guidelines or rules, or an aspect of it that limits the opportunities of
employees.
4
This is covered in more detail in the Code of Good Practice on the Preparation,
Implementation and Monitoring of Employment Equity Plans.
5
The planning and reporting processes are dealt wit in the Code of Good Practice
on the Preparation, Implementation and Monitoring of Employment Equity Plans.
The
policy and practice analysis
5.3.3. Employers should develop
realistic employment equity
plans that are workplace
specific and capable of
measurement. This should be informed by conducting a
comprehensive audit and
analysis of all existing and
potentially unfair
discriminatory practices and
barriers.
5.3.4. The analysis of policies and
practices as well as
other written documentation
can be done through the
collection of the
information, listing what is
applicable and identifying
whether any documentation
reflects direct or indirect unfair discrimination or
barriers to the advancement
of designated groups.
5.3.5. Practices are generally the
informal or unwritten
rules that prevail in the
workplace and can be
analysed through a
combination of employee attitudinal
surveys, individual
interviews and focus groups to
establish perceptions of
their impact on achieving
employment equity.
5.3.6. The relevant questions to be posed in the analysis
would involve looking at
whether the policy or
practice is:
5.3.6.1. unfairly
discriminatory;
5.3.6.2. valid;
5.3.6.3. applied consistently to all employees; and
5.3.6.4. compliant with
legislation.
5.3.7. An employer should formulate
appropriate barrier
removal measures for each of
the forms of unfair
discrimination identified in the audit of policies and
practices. These mechanisms
would also be the subject
of consultation and should be
incorporated into the
Employment Equity Plan of that
employer. Appropriate
timeframes, strategies and
responsibilities should be
allocated for each barrier
removal measure.
5.3.8. An employer should
communicate the outcome of the
audit and analysis to
employees in as transparent a
manner as possible. The
method of communication will
depend on the culture of the
employer; the frequency
and common terms of
communication; and the role of the
Employment Equity Forum or
other consultative
structure. The leadership of the employer should also
receive feedback to be able
to provide strategic input
with regard to appropriate barrier
removal.
Developing
a workforce profile and setting numerical targets for equitable representivity
5.3.9. A workforce profile is a
snapshot of employee
distribution in the various
occupational categories
and levels.
Under-representation refers to the
statistical disparity between
the representation of
designated groups in the
workplace compared to their
representation in the labour market.
This may indicate
the likelihood of barriers in
recruitment, promotion,
training and development.
5.3.10. Collection of information for
the workforce profile is
done through an employee
survey. It is preferable for
employees to identify
themselves to enable the
employer to allocate them to
a designated group. Only
in the absence of an
employee's self-identification,
can an employer rely on existing or historical data to
determine the employee's
designated group status.
5.3.11. The workforce profile should
indicate the extent to
which designated groups are
under-represented in that
workforce in occupational
categories and levels. This
should be compared to the
Economically Active
Population at national,
provincial or regional, or
metropolitan economically
active population or other
appropriate benchmarks.
Employers should set
numerical targets for each
occupational category and
level informed by
under-representation in the
workforce profile and
national demographics. The
extent of
under-representation revealed by the
workforce profile represents
the ideal goal reflected
as the percentage for each
occupational category and
level for that workplace.
5.3.12. Employers, employees and
trade unions should
prioritise the least
under-represented groups within
the workforce. For example,
an employer in the
consultation process should focus more on the areas
where the most imbalances
appeared during the audit
and analysis.
5.3.13. Numerical targets will
contribute to achieving a
critical mass of the
excluded group in the workplace.
Their increased presence and
participation will
contribute to the
transformation of the workplace
culture and to be more
affirming of diversity.
Employers are required to make reasonable progress
towards achieving numerical
targets to achieve
equitable representation.
This means that an employer
should track and monitor
progress on a regular basis
and update its profile
continuously to reflect
demographic changes.
5.3.14. Consultation
The success of employment
equity depends largely on
the efficacy of the
consultation process. Employers,
employees and trade unions
must be willing to play a
constructive role in the
consultation process.
Regular and meaningful
consultation will contribute
to a joint commitment to
workplace transformation. It
may also foster workplace
democracy and productivity.
Consultation will ensure
that realistic employment
equity plans are prepared
which address the training
and development of
designated groups and the
adaptation of the workplace
to affirm difference.
The involvement of trade
unions in the consultation
process is not enough.
Employers must also consult
with employees from across
all occupational
categories and levels.
5.3.15. It is essential to ensure
that whatever form
consultation takes, it does not undermine existing
collective bargaining
processes or existing
relationships.
5.3.16. Transformation committees or
other structures that
already exist, which bring
together employees and
management, may need to be
adopted in order to serve
the consultation purposes of
the Act. Necessary
adaptations
may include bringing in representatives
from segments of the
workforce that do not already
participate, including
designated or non-designated
groups or trade unions.
Where workplace forums exist,
there should be a vehicle
for consultation, and
attempts should be made to
ensure that these are as
representative as possible.
Where no structures exist
or current structures are
impractical for employment
equity consultation, the
employer should initiate a
process to establish a
consultative structure and or
support an employee
initiative of this nature.
Criteria for appointment of
representatives to the
structure, the number of
representatives, their roles
and responsibilities and
mandates will have to be
clearly set out. The
representatives on the structure
should be trained on
understanding and implementing
the key components of the
Employment Equity Act.
5.3.17. Disputes will inevitably
arise in the course of
consultation. Employees may
feel that they are not
being sufficiently included
in decision-making, or
employers may grow
frustrated at delays that are
occasioned as a result of
the need to consult.
5.4.
KEY LINKS TO OTHER TOPICS IN THE CODE
5.4.1. Performance management -
senior management
performance should be,
amongst others, measured
against the extent to which
they have achieved their
numerical targets.
5.4.2. Recruitment and selection -
an employer must take
cognisance of numerical
targets when offering
employment to suitably
qualified job applicants.
5 4.3. Promotions - succession
planning and decisions on
promotion must take account
of an employer's
numerical targets and ensure
that under-represented
groups in identified
categories are developed and
promoted.
PART
A: COMMENCING EMPLOYMENT
An
employer can use a number of outreach and proactive mechanisms to
attract
applicants from under-represented groups.
6.
JOB ANALYSIS AND JOB DESCRIPTIONS
6.1.
SCOPE
6.1.1. A job description outlines
the role and duties of the
job and consists of two components:
6.1.1.1. a description of the
outputs of the job (what
the job proposes to
do. This description
should provide an
accurate and current
picture of what functions make up a job, and
should not include
unrelated tasks. This
should outline the
job's location, purpose,
responsibilities,
authority levels,
supervisory levels
and interrelationships
between the job and
others in the same area;
and
6.1.1.2. a description of the
inputs of the job (i.e.
what the person doing the job is required to
do). This
description should provide details
about the knowledge,
experience,
qualifications,
skills and attributes
required to perform
the job effectively.
6.1.2. Employers should conduct a
job analysis when
developing a job description.
A job analysis is the
process used to examine the content
of the job,
breaking it down into its
specific tasks, functions,
processes, operations and
elements.
6.2.
IMPACT ON EMPLOYMENT EQUITY
Job descriptions may either advance or
undermine employment equity
depending on how they are written. A job description should
clearly state the essential or inherent
requirements of the job.
These are the minimum requirements that
an employee needs in order
to be able to function effectively in
that job. These requirements
should not be overstated so as to present
arbitrary or
discriminatory barriers to designated
groups. However, in the
interests of promoting the appointment of
employees who may not
meet all the essential or inherent job
requirements, an employer
may decide that an employee who has, for
instance, six out of the
ten threshold or essential requirements,
will be considered to be
suitably qualified, subject to obtaining
the outstanding
requirements within a specified time.
6.3.
POLICY AND PRACTICE
6.3.1. In order to ensure that job
descriptions refer only to
the essential or inherent job
requirements, they
should comply with the following
criteria:
6.3.1.1. Each task or duty in
the job description is
essential to be able
to perform the job and
is not overstated;
6.3.1.2. The job description
is free of jargon and is
written clearly;
6.3.1.3. The competency
specification includes only
criteria essential
to perform the duties.
This should be
objective and avoid subjective
elements that can
be interpreted
differently;
6.3.1.4. Experience
requirements that are not
essential, related
or arbitrary to the job
should be excluded;
and
6.3.1.5. Criteria do not
disadvantage employees from
designated groups.
6.3.2. An employer may also use
job descriptions to promote
affirmative action, for instance, by incorporating
potential as a requirement
and making reference to
development and training to
acquire additional
skills and competencies.
6.3.3. A job description should be capable of flexible
interpretation in the
interest of promoting
affirmative action. In this
regard, an employer may
list all the minimum or
essential requirements of
the job.
6.4.
KEY LINKS TO OTHER TOPICS IN THE CODE
6.4.1. Recruitment and selection -
Job descriptions that
are flexible may aid the
recruitment of employees
from designated groups in
order to create equitable
representation. Rigid job
descriptions may operate
as a barrier to attracting
individuals from
designated groups with
potential.
6.4.2. Performance management -
Specificity of job
descriptions contributes to
setting clear
performance objectives in
an employee's career
development plan. This may
avoid perceptions of
unfair or discriminatory
treatment in performance.
6.4.3. Skills development - A
clear job description enables
the identification of
skills and competency gaps.
These gaps could be closed
through appropriate
interventions like training
and development.
7.
RECRUITMENT & SELECTION
7.1.
SCOPE
7.1.1. Recruitment and selection
is the process that
employers use to attract
applicants for a job to
determine their suitability. This involves various
selection techniques such
as short listing, scoring,
interviews, assessment and
reference checks.
7.1.2. This section identifies
some of the strategies that
can be used to attract a
wide pool of applicants
from designated groups.
7.2.
IMPACT ON EMPLOYMENT EQUITY
Recruitment and selection processes
should be conducted fairly
and without unfair discrimination. One of the barriers in the
recruitment process is the inability to
attract sufficient
numbers from the designated groups.
Attracting as many
applicants as possible from designated
groups may ensure that a
larger skills pool is available from
which to recruit.
Recruitment and selection is often the
most important mechanism
to achieve numerical targets and to
increase the representivity
of designated groups in the workplace.
7.2.1. A number of areas in
recruitment and selection
should be reviewed to
eliminate unfair
discrimination: These
include:
7.2.1.1. Advertising and
head hunting;
7.2.1.2. The job application
form;
7.2.1.3. The short listing
process;
7.2.1.4. Interviews;
7.2.1.5. Job offers;
7.2.1.6. Record keeping;
and
7.2.1.7. Reference
checking.
7.3.
POLICY AND PRACTICE
7.3.1. The recruitment process
should be informed by the
employer's employment
equity plan, including the
recommended affirmative
action provisions.
7.3.2. Employers should have
written policies and
practices that outline
their approach to
recruitment and selection.
This document should:
7.3.2.1. reflect the
values and goals of the
employer's employment equity policy or
ethos; and
7.3.2.2. include a
statement relating to
affirmative
action and the employer's
intention to
redress past inequalities.
7.3.3. Where an employer utilises
the services of
recruitment agencies, it
should make the
recruitment agency aware
of its employment equity
policy.
Advertising positions
7.3.4. When advertising positions
employers should refer
to their employment
equity policy or values and
indicate their position
on affirmative action.
7.3.5. Job advertisements should
place emphasis on
suitability for the job,
and should accurately
reflect the inherent or
essential requirements
(i.e. the core functions)
of the job and
competency
specifications.
7.3.6. Employers may consider
placing all advertisements
for positions internally
even if a job is being
advertised externally.
This will make current
employees aware of the
opportunities that exist
within the workplace.
7.3.7. When advertising
positions, employers may state
that preference will be
given to members of
designated groups.
However, this does not suggest
that the process of
recruitment excludes members
from non-designated
groups.
7.3.8. Where possible, employers
should place their job
advertisements so that it
is accessible to groups
that are
under-represented.
7.3.8.1. Employees who
are on maternity leave
should be informed
of positions
advertised in
the workplace.
Job Application Forms
7.3.9. A job application form is
a mechanism that is used
by an employer as part of
selecting a suitable
applicant for a position.
7.3.10. The purpose of a job
application form is to:
7.3.10.1. standardise the
information employers
receive from
job applicants. This should
reduce the
probability for unfair
discrimination;
7.3.10.2. ensure that the
information received
from job
applicants focuses on the
requirements of the job and does not
result in
indirect unfair
discrimination;
and
7.3.10.3. obtain
biographical information to
provide an employer with an easy
mechanism for
monitoring
applications
from various designated
groups.
Short-listing of Job Applicants
7.3.11. Short listing is a
process in which an employer
considers all
applications, including curriculum
vitae and other relevant
documents. An employer
should place those job
applicants who meet the
criteria on a shortlist.
7.3.12. The process of
short-listing job applicants
should be standardized.
Where no standards exist,
an approach should be
decided on before short-
listing commences.
7.3.13. An employer should
consider involving more than
one person in the
process of short-listing
applicants to minimize
individual bias.
7.3.14. The short-listing panel
should be balanced in
terms representivity.
7.3.15. Where an employer has
outsourced the short-
listing process, every
effort must be made to
ensure that the process
is consistent with the
recruitment and
selection policies of the
employer.
7.3.16. An employer should not
rely on second hand
knowledge or assumptions about the type of work
the applicant may be
able to do.
7.3.17. An employer should
ensure that it short-lists as
many suitably qualified
applicants from
designated groups as possible.
7.3.18. Suitably qualified6
applicants must meet the
essential job7 requirements.
7.3.19. When short-listing, an
employer could include
applicants from designated groups who meet
most
but not all the minimum
requirements. These
applicants with
potential could be considered for
development to meet all
the job requirements
within a specified
timeframe.
6 A suitably qualified person in the Act is defined as any one or
any combination of a person's formal qualification, prior learning; relevant
experience or the capacity to acquire within a reasonable time the ability to
do the job.
7 An essential job requirement is the skills, knowledge or
experience that are necessary to perform a job.
Interviews
7.3.20. An interview is a
selection tool that provides
an employer with the opportunity to meet a
job
applicant face-to-face.
7.3.21. Employers should use
the same panel in the
short-listing and
interviewing process.
7.3.22. Employers should
provide training and guidance
to the panel
conducting the interviews on:
7.3.22.1. interviewing
skills;
7.3.22.2. the
measuring system;
7.3.22.3. employment equity and affirmative
action; and
7.3.22.4. matters
relating to diversity,
including
skills for recognizing
different dimensions of merit.
7.3.23. Employers may develop
a standard interview
questionnaire. This is
a questionnaire prepared
before the interview
listing a set of questions
that will be asked of each applicant
interviewed to
determine the applicant's
suitability for the
job. The interview
questionnaire should
be based on the job
description,
particularly essential elements of
the job and competency
specifications.
Employers should
regularly audit their
interview
questionnaires to ensure that they do
not contain questions
that are potentially
discriminatory.
7.3.24. An employer should
consistently and objectively
assess all applicants interviewed
using as a
basis the job
description, competency
specification and the
measuring system. The
same amount of time
should be allocated for
each candidate and the
same or similar
questions should be
asked.
7.3.25. The measuring system
should be standardized. An
employer must allocate
weightings to ensure
that there is a
balance between matching job
requirements,
numerical targets and the needs
of the employer.
Making the job offer
7.3.26. Employers should
ensure that a realistic job
preview is provided to
ensure that both the
candidate and
employers expectations are
congruent. This is to
facilitate the
retention of employees
from designated groups
by effectively
managing expectations before the
candidate accepts a
position, i.e. it must be
clear to the candidate
on what their
expectations are,
lines of authority and
specific
responsibilities;
7.3.27. Where a candidate does not accept a job
offer,
an employer should
conduct an "exit" type
interview to establish
the reasons for not
accepting the offer.
This will enable the
employer to identify
and remove existing
barriers.
Record keeping
7.3.28. An employer should keep copies of all
documents relating to
each stage of the
recruitment process
for a reasonable period of
time after the
position has been filled. These
documents will be
important in the case where
an applicant
challenges the recruitment
process and
selection.
7.3.29. An employer may keep
data on its recruitment
processes to inform
its employment equity
strategy and for
monitoring changes in
attitudes and actions
of managers. This
information could
include:
7.3.29.1. the
demographic details of
candidates
who apply, those who
are short
listed, interviewed and
those who
are made offers;
7.3.29.2. the
demographic details of
candidates
in relation to short
listing,
interviewing and job offers
made in each
department to establish
which
sections within the workplace
are
advancing the employment equity
profile of
the employer. The
employer can then focus attention on
those
departments that are not
successful
in advancing the
employment
equity objectives; and
7.3.29.3. the persons
who were involved in the
short
listing, interview and job
offer
process.
Reference checks of job applicants
7.3.30. The purpose of a reference check is to verify
information provided
by an applicant during
the selection
process.
7.3.31. Reference checks
should not be conducted in a
manner that unfairly discriminates. The same
type of reference
checks must be conducted on
all short-listed
applicants.
7.3.32. An employer should
only conduct integrity
checks, such as
verifying the
qualifications of an
applicant, contacting
credit references and
investigating whether
the applicant has a criminal
record, if this
is relevant to the
requirements of the job.
7.4. KEY LINKS TO OTHER TOPICS IN THE CODE
7.4.1. Implementing
Employment Equity - Recruitment
and selection must be
aligned to the
employer's
affirmative action strategy, as
reflected in its
Employment Equity Plan, which
sets out the detail
in relation to the
numerical targets for
each designated group by
occupational
categories and levels.
7.4.2. Disability - The
employer should not unfairly
discriminate on the
ground of disability. In
the context of disability, there are specific
recruitment and
selection issues that arise.
In particular, an
employer is required to
make reasonable
accommodation for the needs of
applicants with
disabilities. Employers should
seek guidance from
the Code of Good Practice
on the Employment of
People with Disabilities
and the Technical Assistance Guidelines on the
Employment of People
with Disabilities.
7.4.3. Attraction and
Retention - The ability of an
employer to attract
employees from designated
groups will depend on
a combination of
factors, which
include recruitment and
selection practices,
competitive benefits,
career opportunities,
an affirming
environment,
reputation and image of the
employer.
7.4.4. Assessments - Where
an employer makes use of
assessments during
the selection process, they
should refer to the
relevant section of this
Code.
7.4.5. HIV and AIDS Status -
An employer should not
unfairly discriminate
on the ground of HIV and
AIDS. Employers could use the Code of Good
Practice on Key
Aspects of HIV/AIDS and
Employment for
guidance in this area.
INDUCTION
8.1.
SCOPE
Induction refers to the process where an
employer introduces a new
employee. This includes familiarizing the
new employee with the
vision, mission, values, job requirements
and the policies and
practices, as well as colleagues and the
workplace environment.
8.2.
IMPACT ON EMPLOYMENT EQUITY
A carefully planned and implemented
induction process will ensure
that all new employees, and in
particular designated groups, are
effectively integrated into the
workplace from the commencement
of their employment. Proper induction
can also function as a
retention measure, since an employee who
is properly integrated
is less likely to be marginalized and
more likely to thrive
within the workplace.
8.3.
POLICY AND PRACTICE
8.3.1. The induction process is an opportunity to convey the
employer's expectations and values
and to indicate its
commitment to equity and
diversity. This can occur, not
only at the level of introducing
the new employee to
policies that prohibit unfair
discrimination, but also
through ensuring that existing
employees and leadership
demonstrate the necessary
supportive behaviour toward all
employees.
8.3.2. The induction process can be
useful in demonstrating the
leadership's commitment to
employment equity by creating an
opportunity to send the
appropriate message about zero
tolerance for harassment and
discrimination, as well as
support for affirmative action. It
can also serve to
project senior role models from
among the designated groups
already employed.
8.3.3. To ensure that the induction
process contributes to the
effective integration of new employees from designated
groups in the workplace, the
employer could ensure that
managers and human resource staff
receive training on the
induction process. Managers could
also receive training on
avoiding stereotypes or
assumptions about new employees
based on their personal or
physical or racial
characteristics, ethnicity or
other arbitrary criteria.
8.3.4. During the induction process, new
employees should receive
copies of the applicable
policies. Such policies should
include a grievance procedure and
other dispute resolution
mechanisms. Reasonable
accommodation should be made for
employees with disabilities.
8.4.
KEY LINKS TO OTHER TOPICS IN THE CODE
8.4.1. Training and development and
work assignment - Where gaps
have been identified during the
interview, a training and
development plan should be prepared
with the new employee
and should be introduced during
the induction process
8.4.2. Elimination of barriers - A
successful induction will
ensure that the employee does not
experience barriers in
socialising and networking, which
would inevitably impact
on prospects for advancement. The
integration of employees
from designated groups should be a
conscious effort that
extends beyond the induction
process.
8.4.3. Elimination of unfair
discrimination - The employment
environment should be free from
unfair discrimination and
harassment and should also
promote a common understanding
of what discrimination means and
how it will be dealt
with.
8.4.4. Grievance & resolution
- The grievance procedure should
be conducive to raising issues
that arise in the
induction process.
8.4.5. Performance Management -
All new employees should be
provided with information of the
work they are required
to perform and the standard to
which this work must be
produced.
9.
PROBATION
9.1.
SCOPE
Probation involves the trial period for a
new employee where the
Employer assesses the employee's ability
and skills to function in
the position in order to determine
whether to offer the employee a
permanent position.
9.2.
IMPACT ON EMPLOYMENT EQUITY
The probation period can either undermine
or support an employee
from a designated group. An employer
should provide the necessary
organizational support to ensure that the
new employee is
successful. An employer should consider
the initial work
allocation given to a probationary
employee to ensure that the new
employee can cope with the demands of the
new workplace.
9.3.
POLICY AND PRACTICE
9.3.1. An employer should ensure that
probationary employees8 from
designated groups are not
subjected to unfair
discrimination. This can be done
by ensuring that managers
treat them fairly and
consistently. There should be a
written probation policy that
clearly sets out the roles
and responsibilities of the
employee and company policies
and procedures. These could
include the expected
performance standards; the
frequency and form of
performance reviews; the
procedures the probationary
employee should comply with when raising problems or
grievances; the nature of support,
mentoring and training
and development.
9.3.2. An employer should ensure that
managers understand the need
for consistent fair treatment of
all probationary employees
in order to avoid unfair
discrimination and perceptions.
9.3.3. Where an employee from a
designated group requests
reasonable accommodation during
the probationary period,
the employer should, as much as possible, provide it.
Failure to provide reasonable
accommodation may be
construed as unfair
discrimination.
9.3.4. Managers should, where relevant
and appropriate, provide
regular supervision and guidance to probationary
employees, including training and
counseling, to improve
performance. Managers should keep
records of their
discussions with probationary
employees, as it may provide
useful data about an employee's
movement in the employment
equity planning and measurement
process. Information used
to make decisions about employees
should be reviewed,
signed and dated by the employee.
If the employer has a
human resources department, this
department should be
informed of issues concerning the
probationary employees
performance.
9.3.5. By conducting an audit of
policies and practices, an
employer may identify barriers in
the probationary process
that impact on designated groups.
Strategies to remove
these barriers may then be
developed and incorporated into
the Employment Equity Plan.
9.3.6. An employer may consider keeping
a record of the number of
employees from designated groups
who are not appointed at
the end of their probationary
period and compare this to
probationary employees from
non-designated groups. This
analysis may indicate the
existence of problems in a
particular department or with a
particular manager.
Corrective measures can then be
undertaken. To the extent
possible, exit interviews may be conducted of probationary
employees who are not appointed
in order to identify
barriers in the process or
perceptions of unfair
discrimination. Record keeping can
facilitate measurement
of employment equity progress and
may enable an employer
to identify problems with
retention of designated groups.
8 See Item 8 of Schedule 8 of the Labour Relations Act- The Code of
Good
Practice on Dismissal
9.4.
KEY LINKS TO OTHER TOPICS IN THE CODE
9.4.1. Induction - The links mentioned in
the induction section
are equally applicable to
probation.
9.4.2. Performance management - success
during probation is often
associated with meeting the employer's clearly specified
and objective performance
standards according to which
regular evaluations of the
employee 's performance are
conducted.
9.4.3. Mentoring and Development - An
employer may consider
mentoring, coaching and training
interventions to support
employees from designated groups
during the probationary
period.
10.
MEDICAL, PSYCHOLOGICAL AND OTHER SIMILAR ASSESSMENTS9
10.1.
SCOPE
Appropriate medical, psychological
and other similar
assessments, if properly used by
employers, could
contribute positively toward the
recruitment and
development of suitably qualified applicants
and employees.
Assessments, whether medical,
psychological or other
similar assessments, should
include rather than exclude
individuals with potential and
those suitably qualified.
10.2. IMPACT ON EMPLOYMENT EQUITY
10.2.1. The Act prohibits medical
testing, unless
legislation permits or
requires the testing; or it
is justifiable in the light
of medical facts,
employment conditions, social
policy, the fair
distribution of employee
benefits or the inherent
requirements of the job.
Psychological and similar
assessments are also
prohibited by the Act, unless
the assessment being used
has been scientifically
shown to be valid and
reliable; can be applied
fairly to all employees;
and is not biased against
any employee or group.
Assessments are required to
be free from unfair
discrimination based on the
prohibited grounds. Tests
that directly or
indirectly unfairly
discriminate on these grounds
are inappropriate and
should be avoided.
10.2.2. An assessment is seen to be
directly unfairly
discriminatory when it
excludes employees from
designated groups on the
basis of one or more
of the prohibited grounds.
Indirect unfair
discrimination, however, is
the more likely outcome.
This occurs when, on
average, the majority of a
particular group assessed
scores below the minimum
requirement compared to
other groups or individuals.
9 Medical, psychological and other similar assessments are also
covered in Section 7 of the Employment Equity Act as well as the Code of Good
Practice on Key Aspects of HIV/AIDS and Employment and in the Code of Good
Practice the Employment of People with Disabilities.
10.2.3. Assessments should be used
to identify candidates
with potential and persons
who are suitably
qualified. These
assessments should then be
followed-up by relevant
intervention measures like
appropriate training and
development.
10.3. POLICY AND PRACTICE
10.3.1. An employer who uses
medical, psychological and
other similar assessments should develop a written
policy for the workplace,
which identifies the
purpose, context, methods
and criteria applicable
to selecting and
conducting assessments.
10.3.2. An employer should ensure
that assessments used are
valid, reliable and fair10,
so that no group or
individual is unfairly
disadvantaged as a result
of the assessment. Bias in
the application of the
assessment should be
eliminated. The test should
match the job in question
and should measure the
minimum level of the
competencies required to
perform the job, which must be based on the
inherent requirements or
essential functions of
the relevant job. Tests
should avoid arbitrary or
irrelevant questions. Only
assessments that have
been professionally
validated as reliable
predictors of performance
for a particular job,
irrespective of race
gender or disability, should
be used.
10.3.3. Administrators and users
of medical, psychological
and other similar
assessments should be qualified
and registered with the
appropriate recognised
professional body of
South Africa. Assessors
should be trained to
understand, evaluate and
interpret the evidence or
outcomes of the
assessment objectively
against the skills and
abilities required for
the job and must be able to
justify their decisions.
The assessment process
should also minimize the
opportunity for assessors
to make subjective or
arbitrary judgments
that could, deliberately
or inadvertently, work to
the advantage of one
group over another. Assessors
should make sure they
assess against the
competencies for the job.
10.3.4. Special care should be
taken to ensure that the
language used is
sensitive and accessible to those
who are being assessed.
10.3.5. All employees or
applicants for a particular job
should be assessed
against the same criteria. The
process should make
accommodation for diversity
and special needs.
10.3.6. An employer should keep assessment
records for at
least one year11
10.3.7. Employers should ensure
that reasonable
accommodation is made for
employees or applicants
where required, and that
unfair discrimination
10 Validity is the extent to which a test measures what it is
intended to measure and indicates the degree of accuracy of either predictions
or inferences based upon the test score. Reliability is the extent to which a
test is dependable, stable and consistent when administered to the same
individuals on different occasions. Fairness relates to how the results of the
assessments are applied: it is the
total of all the variables that play a role or influence the final decision of
an
employer.
This can include the assessment, integration of data, recommendations based on
these data or the final decision made by the employer.
11 Psychological assessment are valid for 1 year
does not occur in the
arrangements for the
administering of tests or in using assessment
centres12.
10.4. KEY LINKS TO OTHER TOPICS IN
THE CODE
10.4.1. Skills development -
Assessments can be used to
identify potential amongst
employees or applicants
from designated groups.
This links to affirmative
action in training and
development. Enabling an
individual access to
specific training and
development programmes, or
any other relevant
intervention can eliminate
skills and competency
gaps identified in an
employee.
PART
B: DURING EMPLOYMENT
11.
TERMS AND CONDITIONS OF EMPLOYMENT
11.1. SCOPE
This section of the Code deals with terms and conditions of
employment including working time
and rest periods, leave of
all kinds13, rates of
pay, overtime rates allowances,
retirement schemes, medical aid and
other benefits.
11.2. IMPACT ON EMPLOYMENT EQUITY
11.2.1. An employer may not
discriminate unfairly in the
terms and conditions of work
or access to benefits,
facilities or services that
are available to
employees.
11.2.2. Eligibility for benefits
should not be determined on
the basis of one or more of
the prohibited grounds or
other arbitrary grounds.
11.3. POLICY AND PRACTICE
11.3.1. Every employer is required by the Act to audit its
terms and conditions of
employment to identify
whether they contain any
unfair direct or indirect
discrimination policies and
practices. This should be
followed by monitoring all
changes in the terms and
conditions of employment to
ensure that all barriers
or unfair discrimination
policies and practices are
removed. An employer should
also regularly conduct
practice audits to test the
perceptions of employees
about whether its terms and
conditions of employment
and practices are
non-discriminatory. An employer may
address deficiencies
identified through appropriate
awareness raising
12 For example, the dates or times for the test coincide with
religious festivals or observances, or the employer does not take into account
dietary preferences or cultural norms that could cause disadvantage; or where
the facilities used are inappropriate (for example the assessment centre is on
the first floor of a building with no elevator and the employee or job
applicant is in a wheelchair).
13 Leave includes annual leave, sick leave, maternity leave and
family responsibility leave or any other types of leave.
initiatives and other
barrier removal mechanisms.
These should form a
component of the employer's
Employment Equity Plan.
11.3.2. Employers should provide
training, information and
literature to trade union
representatives and
employees on the applicable
terms, conditions and
available benefits.
11.3.3. Maternity leave should not
result in the loss of
benefits for employees upon
return to employment.
11.3.4. An employer should provide
reasonable accommodation
for pregnant women and parents with young children,
including health and safety
adjustments and antenatal
care leave.
11.3.5. Employers should endeavour
to provide an accessible,
supportive and flexible environment for employees
with family
responsibilities. This includes
considering flexible working
hours and granting
sufficient family
responsibility leave for both
parents.
11.3.6. Employers should examine the
use of terms and
conditions of their fixed
term contract employees14
to ensure that they are not
unfairly discriminated
against.
Fixed-term-contracts can potentially
undermine employment equity.
This may occur where the
employer tends to appoint
certain groups of employees
(i.e. black people, lower
level employees and women)
to fixed term contracts as a
matter of practice.
11.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
11.4.1. Remuneration - An
employer must provide equal pay
for equal work or for work
of equal value.
11.4.2. Retention - Favourable terms and conditions
of
employment for employees
can serve as an affirmative
action measure to promote,
attract and retain
individuals from designated
groups, but should be
used with caution as a
justified affirmative action
measure.
11.4.3. Working environment
- Flexibility in the terms and
conditions of employment
(i.e. working hours and
schedules, work from home
options, job sharing,
career breaks, etc.) are
examples of a flexible
working environment that
may promote the retention
of employees, particularly
members from designated
groups.
12.
REMUNERATION
14 A fixed term contract employee' is a person who is employed on a
contract that includes an agreement detailing the relationship between the
employer and employee, which is determined by an objective condition that
creates no false expectations of renewal of the contract, and is based on a
specific duration or time frame with dates or the completing of a specific task
or happening or event.
12.1. SCOPE
Remuneration is any payment in money
or in kind, or both in
money and in kind, made or owing to
any person in return for
services rendered15. Employers
must ensure that remuneration
policies and practices are applied
consistently without
unfair discrimination on the basis
of any one or combination
of the prohibited grounds.
12.2. IMPACT ON EMPLOYMENT EQUITY
12.2.1. Remuneration differentials
most commonly constitute
direct unfair
discrimination, where an employer pays
designated employees less
than non-designated
employees doing the same or
equivalent work simply
because they are designated
employees. Remuneration
discrimination can also be
indirect or systemic
because it stems from
remuneration policies and
practices that have an
adverse or disparate impact on
black people, women and
people with disabilities.
12.3. POLICY AND PRACTICE
12.3.1. Employers should audit their
existing remuneration
policies to ensure that they
are based on the
principles of pay equity.
This requires a comparison
of jobs as well as a job
evaluation system that is
objective rational and
applied consistently to all
job functions. It is recommended that all employers
consider developing a
written remuneration policy, or
at the very least written
guidelines, to ensure that
clear rules exist on how
remuneration is determined.
This should be communicated
in an appropriate format
to all employees.
12.3.2. Employers should conduct
regular audits of their
remuneration practices among
employees to identify
the lack of awareness about
applicable criteria and
perceptions of unfair
discrimination in remuneration.
12.3.3. Where barriers or
discrimination in remuneration are
identified, and unless these
can be justified, the
employer should in
consultation with stakeholders
develop a strategy for
barrier removal.
12.3.4. Job evaluation systems
should be objective as these
are often the basis on which remuneration
differentials emerge.
12.3.5. Remuneration should be based
on the value of the
post. In this regard, the
following factors may be
taken into account:
12.3.5.1. Performance and
Outputs: the employee's
outputs, measured
by the performance
management
process, should carry the
most weight in
determining individual
remuneration
levels.
12.3.5.2. Employee
potential: This involves estimated
ability and
competence, as well as the
capacity to develop
these over time.
Estimated ability
refers to conceptual and
management
15 The meaning of remuneration in relation to leave pay, notice pay
and severance pay is clarified by the Determination issued by the Minister of
Labour in terms of Section 35 of the Basic Conditions of Employment Act.
skills which have
not yet been
demonstrated,
whilst competence refers to
knowledge and
expertise gained, which can
be informed by
previous outputs or
experience.
12.3.6. Employers should monitor
income differentials to
ensure that these do not
contribute to unfair
discrimination.
12.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
12.4.1. Performance Management
- Although indirect factors
such as motivation and
commitment may be
considered, it is important
to ensure that these are
free of unfair
discrimination.
12.4.2. Recruitment and
Selection - In order to attract
employees from designated
groups, an employer should
offer market related
salaries and benefits.
13.
JOB ASSIGNMENTS
13.1. SCOPE
Job assignments relate to the type
of work that is allocated
to an employee by their employer. An
employer should make
decisions on the allocation of job
assignments on objective
criteria.
13.2. IMPACT ON EMPLOYMENT EQUITY
Unfair direct and indirect
discrimination often occur as a
result of the way in which work is
allocated in a workplace.
Where job assignments are based on
prohibited grounds or
arbitrary characteristics, this may
perpetuate unfair
discrimination and may result in
undermining employment
equity. Discrimination in job
assignments may occur where
there is informal mentoring by a
manager who is perceived to
favour a particular employee.
13.3. POLICY AND PRACTICE
13.3.1. As part of the policy and
practices audit, an
employer should identify
whether any unfair
discrimination occurs in
the ability of all
employees to access
opportunities.
13.3.2. Employers should guard
against conduct that
perpetuates perceptions of
favouritism, which could
lead to allegations of
unfair discrimination.
Access to opportunities
should occur on an objective
and fair basis to ensure
that such perceptions do
not arise, and where they
do arise, they should be
dealt with effectively and
expeditiously.
13.3.3. Employers should also
monitor behaviour of managers
in allocating job
assignments, particularly where
certain trends can be
determined, as these may
indicate the existence of
indirect unfair
discrimination.
13.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
13.4.1. Induction - An
employer should explain, especially
during the induction
process, the policies or
guidelines that apply in
relation to how work or
opportunities are allocated.
13.4.2. Job analysis and job
descriptions - A clear job
description could ensure
that no unrealistic
expectations are raised
regarding access to
opportunities.
13.4.3. Performance management - Access to work
assignments
that enhance career
opportunities, or are
considered to be
desirable, should be allocated
objectively by linking
them to the career path of
employees. These should be
clearly communicated to
employees to ensure that
no misperceptions arise
and to prevent allegations
of unfair
discrimination.
13.4.4. Retention - In some instances, allowing certain
employees access to work
related opportunities that
are considered to be
exciting could be used as a
retention measure - i.e.
where an employer gives
preference to senior
managers from designated
groups in allocating these
opportunities. This
should be used with
caution as it can have
significant organizational
implications and can
cause resentment where the
objectives of such a
strategy are not clearly
understood or
communicated.
13.4.5. Skills development -
Access to opportunities and
work assignments should
form part of an employee's
development plan and an
employer's Workplace Skills
Plan.
14.
PERFORMANCE MANAGEMENT
14.1. SCOPE
Performance management is a business process that is used to
monitor, measure and link what
employees do on a continuous
basis with the goals, values,
culture and business objectives
of the employer. It is a process
intended to establish a
shared understanding about what is
to be achieved; how it is
to be achieved; and the implications
where it is not
achieved. This includes clarifying
the expectations that the
employer has of the employee.
Performance management also involves
the training and
development of employees.
14.2. IMPACT ON EMPLOYMENT EQUITY
14.2.1. Discrimination in work
assignments and performance
measurement is more
difficult to detect and difficult
to prove without an
objective, written system that
clearly expresses criteria
according to which
performance will be measured
and managed.
14.2.2. The manner in which the
performance of an employee is
managed may impact on the
value that the employee
adds to the workplace. It
may also impact on how
peers perceive the
performance and advancement of an
employee and on the support
received by that
employee. Performance
management should not be a
punitive process, but rather
one that facilitates
setting clear objectives for
development and growth.
Providing opportunities for
development for employees
from designated groups is a
critical challenge for
many employers.
14.3. POLICY AND PRACTICE
14.3.1. In order to effectively
manage performance in a non-
discriminatory and fair
manner that encourages
development, an employer
should ensure that managers:
14.3.1.1. receive coaching
and diversity training to
ensure that they
are able to objectively
and consistently
manage performance and
provide honest
feedback whilst being
sensitive to
employee differences;
14.3.1.2. understand and
are able to properly
implement the
performance management
system; and
14.3.1.3. are able to provide
the necessary
coaching,
mentoring and support to
employees to
motivate them towards
performance
excellence.
14.3.2. Performance management
systems could in addition:
14.3.2.1. Measure and
incentives managers for
their leadership,
mentoring and diversity
skills, as well
as for achieving
employment equity
objectives;
14.3.2.2. Incorporate
review processes, which may
apply measures
relating to competencies of
managers in
diversity management,
including feedback from employees and
peers;
14.3.2.3. Develop clear
learning objectives for all
employees,
particularly from designated
groups. This
should link to the
acquisition of
additional skills and
competencies for
challenging positions
into which
employees may be promoted or
transferred; and
14.3.2.4. Ensure that the
performance management
system is linked
to the inherent
requirements of
the job and is free of any
unfair discrimination.
14.3.3. Employers should review the
results of performance
appraisals to assess if
there are any significant
variations across
designated groups. Where such
variations exist, employers should identify the
reasons for these
discrepancies and take action to
remove them.
14.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
14.4.1. Working environment -
a consistent and sustained
performance management
culture may impact on the
integration and retention of
employees from
designated groups. It may
also have implications for
issues that go beyond
performance and productivity,
e.g. elevating employee
morale, which in turn leads
to productive employees and
a more enabling
workplace.
14.4.2. Remuneration -
because performance management is
linked to reward, it would
be useful for employers to
conduct an analysis of the
distribution of increases
and/or bonuses paid to
employees that can be
attributed to performance
outcomes. This will enable
the identification of areas
of potential unfair
discrimination and ensure
that action is taken to
eliminate barriers.
14.4.3. Skills development - effective
and regular
performance management may
facilitate the
identification of training
and development needs,
which may be addressed
through appropriate
interventions. These will
enable an employee to
effectively perform in the
existing position or to
develop into a more
challenging position.
14.4.4. Retention - If
performance management is linked to
employee development and
growth, it will impact
significantly on an
employer's ability to retain its
employees.
15.
SKILLS DEVELOPMENT
15.1. SCOPE
15.1.1. The Skills Development Act
and the Skills Development
Levies Act provide reinforcing and supporting
tools
for developing employees in
line with employer
business objectives. This
contributes to a critical
pool of candidates from
designated groups from which
employers could recruit,
thus facilitating
accomplishment of Employment
Equity Act objectives.
15.1.2. This section describes the
areas that impact on an
employer's ability to
develop employees from
designated groups, which
includes:
15.1.2.1. effectively
identifying training needs and
matching these
with the needs of the
employer;
15.1.2.2. providing
effective mentoring and coaching;
15.1.2.3. providing
structured on-the-job training;
15.1.2.4. considering
accelerated development for
employees with potential;
15.1.2.5. providing
meaningful job roles;
15.1.2.6. implementing
individual development plans;
15.1.2.7. providing access
to opportunities to act in
a higher position;
15.1.2.8. providing
shadowing16 opportunities;
15.1.2.9. creating
challenging work assignments; and
15.1.2.10. developing and
promoting positive role
models for designated groups.
15.1.3. The section also deals with
the retraining of
managers and supervisors to
enable them to
effectively manage a diverse
workforce.
15.2. IMPACT ON EMPLOYMENT EQUITY
Skills development of employees is
a key driver for the
achievement of employment equity
objectives. The Act
positions skills development of
designated groups as an
affirmative action measure.
Development and training are key
strategies to enable designated
groups to advance and to
reach equitable representation in
all occupational
categories and levels.
15.3. POLICY AND PRACTICE
15.3.1. Every employer should
develop written policies and
practices to reflect its
commitment to training and
development. These policies and practices should
refer to the objective of
encouraging the training
of employees while
prioritising designated groups.
The policy may incorporate
preference in access to
training and development
opportunities for
designated groups; until
their representation in all
occupational categories and
levels has reached
critical mass. This policy
may then form the basis
for the Workplace Skills
Plan.
15.3.2. Employers should assist
employees to identify and
address their skills gaps
by formulating appropriate
objectives in their
personal development plans,
agreeing to timeframes and
accessing the resources
required to meet these
objectives.
15.3.3. Employers and employees
should also strive to create
an organizational culture that encourages and
rewards learning for
everyone in the workplace. An
employer may achieve these
objectives through:
15.3.3.1. appropriately
structured career breaks;
15.3.3.2. bursary schemes;
15.3.3.3. on the job
learning;
16 A person following and observing another in order to gain
experience or insight into a job.
15.3.3.4. mentoring and
coaching.
15.3.3.5. employee
counseling for growth and
advancement; and
15.3.3.6. access to
literacy and numeracy
programmes.
15.3.4. The competency
requirements far senior managers,
team leaders, line
managers, supervisors and
professional staff should
include specifications
related to the development
of employees.
15.3.5. Employers should consider
conducting leadership and
management development
programmes to ensure that
leaders and managers have
the necessary knowledge
and skills to effectively
manage, develop and
empower employees. Every
effort should be made to
create a work climate that
is conducive to the
successful integration and
retention of
employees from designated
groups.
15.3.6. Employers should
communicate their training and
development priorities to
all senior and line
managers responsible for
performance management. An
employer should use these
requirements to guide the
identification of
potential individuals in a
proactive manner and
identify individuals who can
be scheduled for training
and development.
15.3.7. All formal training
offered to employees, whether
through in-house training
or from an external
training provider, should
ideally be linked to
unit standards or
qualifications that are
registered on the National Qualifications
Framework. This ensures
that employees are able to
receive nationally
recognised credits and
certificates for their
learning achievements. This
may redress past
imbalances in formal education
opportunities for people
from designated groups.
15.3.8. Where employers consider
implementing the
Recognition of Prior Learning
(RPL) principles to
redress historical
education and training
disadvantages to promote
employment equity and
validate employee skills
and knowledge, this should
be based on an employer
specific RPL policy.17
15.3.9. Where applicable,
employers should consider
implementing Learnerships18
to offer occupationally
driven, outcomes based
learning while creating
employment opportunities for previously
disadvantaged individuals.
15.3.10. In procuring formal
training courses from internal
or external providers,
employers should take into
account the equity profile of the provider.
15.3.11. In procuring formal
training courses from external
providers, employers
should ideally offer
preference to suitable
Black Economically
Empowered companies in support of the
development
and sustainability of
Black Economic Empowerment
initiatives.
17 RPL as defined by South African Qualifications Authority (SAQA);
is a process whereby people's prior learning can be formally recognized in
terms of registered qualifications and unit standards; regardless of where and
how the learning was attained. RPL acknowledges that people never stop
learning, whether it takes place formally at an educational
institution,
or whether it happens informally.
18 Learnerships are created in terms of the Skills Development Act,
No. 97 of 1998 (Chapter 4, Sections 16 to 19).
15.3.12. Employers, particularly
those whose workforces
include employees who are not functionally
literate, should consider
offering Adult Basic
Education and Training
(ABET) opportunities.
15.3.13. An employer's employment
equity policy or policies
should be a standard
component of all training and
development courses to
ensure that employees
understand its philosophy
in relation to the
workplace.
15.3.14. An employer should offer
diversity training to ail
employees.
15.3.15. Staff responsible for
selecting employees for
training, either as part
of their induction or to
develop particular
skills, should themselves be
trained to:
15.3.15.1. recognise
potential, particularly from
designated
group employees;
15.3.15.2. select
trainees according to objective
criteria or in
terms of the Workplace
Skills Plan or
training and development
policy;
15.3.15.3. align training
and development access
for designated
groups to numerical
targets and
other objectives set in the
Employment
Equity Plan; and
15.3.15.4. identify and
address any barriers or
unfair
discrimination practices in the
allocation of
training opportunities.
15.3.16. An employer should
monitor training opportunities
in order to identify and
address any disparities
between groups and to
ensure that training is
done to achieve the
employment equity objectives
set out in its
Employment Equity Plan.
15.3.17. An employer should
conduct post training impact
evaluations to track
the progress of employees
to ensure that training
employment equity
objectives are met.
15.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
15.4.1. Implementing employment
equity - Employees from
designated groups who are
provided with effective
training and development
interventions are likely to
perform better. This may
contribute towards improved
workplace performance and
may increase the profile
of employees from
designated groups.
15.4.2. Performance management
- The performance management
system should include the
measurement of line
managers and supervisors in
relation to the
contribution they make to
the skills development of
employees.
15.4.3. Promotion -
Effective training and development of
employees from designated
groups may enhance their
skills and knowledge and
ultimately their chances
for career advancement.
16.
PROMOTION AND TRANSFER
16.1. SCOPE
Promotions and transfers are
processes that facilitate
employee mobility for various
purposes, including career
development, succession planning and
operational
requirements. This should facilitate
representation of
members of designated groups in all
occupational categories
and levels, thus meeting employment
equity objectives.
16.2. IMPACT ON EMPLOYMENT EQUITY
Promotions and transfers have the
potential to impact on
numerical goals and accelerate
equitable representation of
all groups in occupational
categories and levels within a
workplace. These initiatives are key
drivers for employment
equity in that they can involve fast
tracking the advancement
towards achieving numerical targets.
16.3. POLICY AND PRACTICE
16.3.1. Employers are prohibited
from unfair discrimination
in promotion and transfer
decisions. One of the
mechanisms for eliminating
unfair discrimination is
to ensure that written
policies and practices specify
the criteria, which apply to
promotions and
transfers. Managers
implementing the policies and
practices should be
monitored to ensure that they
are not applying these
inconsistently.
16.3.2. An employer may implement a
policy of preference
toward members of
designated groups in transfers and
promotions as a legitimate
affirmative action
measure.
16.3.3. Lateral transfers to
equivalent positions may be
effectively used to achieve
employment equity
targets. Reasonable
provision must be made where an
employee requests a
transfer.
16.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
16.4.1. Retention -
Promotions and transfers may contribute
to retention, specifically
in instances where
employees from designated
groups do not feel
sufficiently challenged or rewarded in an
existing
position.
16.4.2. Skills Development -
Linking promotions and
transfers to development
and growth opportunities
for designated groups will
ensure that they do
not occur in isolation from
numerical targets and
employment equity
objectives.
16.4.3. Remuneration -
Linking promotions and transfers to
remuneration may encourage
employees to transfer to
a less popular operational
or geographic area.
17.
CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
17.1. SCOPE
17.1.1. This section deals with
information employees are
entitled to obtain from
their employers and
information employers may
disclose about their
employees.
17.1.2. The relevant provisions of
Section 16 of the Labour
Relations Act, 1995, apply
to the disclosure of
information in terms of this
part of the Code, in
addition to any other laws,
including the Regulation
of Interception of
Communications and Communication-
Related Information Act, 2002 and the Promotion of
Access to Information Act,
2000.
17.2. IMPACT ON EMPLOYMENT EQUITY
17.2.1. When engaging in employment
equity consultation, the
Act requires that
designated employers disclose to
consulting parties all
relevant information.
17.2.2. The object of disclosure is
to make the process of
consultation as
participative and as meaningful as
possible to ensure good
faith engagement and to
develop trust between
employers and employees.
17.2.3. Timeous disclosure of
information will facilitate
consensus regarding appropriate
employment equity
initiatives to reduce
challenges.
17.2.4. An employer must disclose
information that is
relevant and that is
reasonably required by the
consulting parties to
engage effectively on
employment equity.
17.2.5. Information is generally
considered to be relevant
if it is likely to
influence the formulation,
presentation or pursuance
of a position or demand
proposed by a consulting
party in their
deliberations on
employment equity.
17.3. POLICY AND PRACTICE
Type of information
17.3.1. The employer can comply with
many of these
requirements by referring
the consulting parties to
the documents that contain
the necessary
information if they are
reasonably accessible to
such consulting parties.
17.3.2. Information should be
supplied in a manner and
format that are accessible
to all employees in the
workplace.
Confidentiality and Disclosure
17.3.3. Private, personal
information is regarded as
confidential information.
It will include
information that may be
typically found in an
employee's personnel file.
This may include
information concerning the
employee's financial
circumstances, marital
circumstances, criminal
record or health status
(e.g. HIV and AIDS,
alcoholism, etc.). The
employer may not disclose
this kind of information
unless the employee
consents in writing.
Collection and communication of
employee data: Balancing the
need for information against the
right to privacy
17.3.4. Information is collected on
employees from the time
when they are job
applicants. The collection and
disclosure of information
may in some circumstances
violate the right to
privacy. It is therefore
important for employers to
balance the need for
requiring certain
information against the need to
maintain high standards of
personal privacy and the
confidences of third
parties.
17.3.5. An employer should not
collect personal information
from employees, unless -
17.3.5.1. The information
is collected for a lawful
purpose that is
directly related and
necessary to
implement employment equity
in the
workplace, e.g. for making
recruitment,
development and promotion
decisions; and
17.3.5.2. The information
is reasonably necessary
for that
purpose.
17.3.6. An employer may not
collect personal data
regarding an employee's
sex life, political,
religious or other
beliefs, or criminal
convictions, except in
exceptional circumstances
where such information
may be directly relevant to
an employment decision.
Security of disclosed
information
17.3.7. Information collected on
employees, such as race,
gender, sexual
orientation, religion,
performance, training
records, psychological
assessments or health,
or any other information
imparted by employees to
their employer, should
be kept secure and only
those entitled to see it
in the course of their
duties should have access.
17.3.8. For governance purposes,
employers should ideally
have a written security
policy for the gathering
and disclosure of
information. Employers should
keep a written record of the names of those,
whether internal or
external to the employer, to
whom employee
information has been revealed and
for what purpose.
Employee rights
17.3.9. Employees should be
afforded opportunities of
checking the accuracy
of their information and
rectifying and updating
it, particularly where
it relates to
employment equity.
17.3.10. Employees can insist on
the rectification or
deletion of incorrect
or misleading information.
Where information is
corrected, those
Alterations should be communicated to subsequent
users of the
information.
17.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
17.4.1. Employment equity
implementation - The disclosure of
information by an employer
must occur within the
context of an employer's
employment equity policies.
Disclosure of information
is a necessary pre-
requisite to meaningful
consultation by parties, as
required under the Act.
17.4.2. Recruitment and
Selection - Information about
employees, which is
collected by an employer during
the recruitment process or
during employment, must
be collected for a lawful purpose and must be
directly related to the
function or job requirement.
17.4.3. Assessments - An
employee's manager, with the
assistance of an expert in
testing, should only
consider psychological
assessments of an employee if
the assessments are
current.
18.
RETENTION
SCOPE
The retention of all employees,
specifically employees from
designated groups, is a key challenge for
employers given the
opportunities for mobility that exist in
the global economy. This
section identifies some challenges and
their implications for
implementing employment equity to retain
employees from designated
groups.
IMPACT
ON EMPLOYMENT EQUITY
Retention of employees from designated
groups is critical for
achieving and sustaining numerical targets
and goals as envisaged
in the Act. Employers who seek to retain
their talented and skilled
employees, particularly those from
designated groups, should
develop and implement retention
strategies.
18.1. POLICY AND PRACTICE
18.1.1. Employers may consider
identifying trends that exist
in their workplaces
regarding the reasons for
termination. This will
enable employers to develop
appropriate strategies to
retain employees,
particularly employees from
designated groups. These
strategies should be directed
at removing barriers
that cause termination of
employment.
18.1.2. Employers may consider
negotiating retrenchment
criteria that deviate from
the "last in first out"
principle, where the
implementation of this
principle will detrimentally
affect the
representivity of designated
groups in that
workplace.
18.1.3. Employers could also
implement various incentives to
promote retention.
18.2. KEY LINKS TO OTHER TOPICS IN THE
CODE
18.2.1. Induction - An
effective induction process should be
implemented to integrate
employees, particularly
those from designated
groups, into the workplace.
18.2.2. Terms and conditions of
employment - Equitable and
favourable terms and
conditions of employment as
well as an environment
that affirms diversity
contribute to long-term employee retention.
18.2.3. Skills development
- Providing equitable training
and development
opportunities contribute towards
employee retention,
especially if this is linked to
career development.
18.2.4. Remuneration - fair
remuneration contributes to the
retention of employees.
18.2.5. Performance Management
and Reward - Recognising and
rewarding good performance may contribute to
retention.
18.2.6. Termination - An
exit interview may provide
information on the reasons
for employee turnover.
19.
HARASSMENT
19.1. SCOPE
This section deals with the
elimination of harassment in the
workplace. It provides a framework
for facilitating and
promoting the development and
implementation of policies and
practices that result in workplaces
free of harassment where
employers, employees and associated
parties19 put a premium
on one another's integrity and
dignity. This in turn builds a
workforce that respects one
another's privacy and the right
to equity and equality in the workplace.
19.2. IMPACT ON EMPLOYMENT EQUITY
19.2.1. Section 6 of the Act and
other related legislation
recognize that harassment in
the workplace, whether
direct or indirect, is a
form of unfair
discrimination and is
prohibited on one or a
combination of the following
grounds:
Race, gender, sex,
pregnancy, marital status, family
responsibility, ethnic or
social origin, colour,
sexual orientation, age,
disability, religion, HIV
status, conscience, belief,
political opinion,
culture, language and birth.
19 Associated parties may include suppliers and contractors.
19.2.2. Harassment is unwanted or
unsolicited attention based
on one or more of the
prohibited grounds. It involves
conduct that is unwanted by
the person to whom it is
directed and who experiences
the negative
consequences of that
conduct. The conduct can be
physical, verbal or
non-verbal. It affects the
dignity of the affected
person or creates a hostile
working environment. It
often contains an element of
coercion or abuse of power
by the harasser.
19.3. POLICY AND PRACTICE
19.3.1. Every employer is under
obligation in terms of the
Act to take steps to
prevent workplace harassment.
This includes ensuring that
a clear rule prohibiting
harassment and other forms
of unfair discrimination
that exits in the
workplace, and that all employees
understand it. This should
be incorporated in a
formal written policy like
a code of conduct with an
appropriate dispute
resolution procedure that is
communicated throughout the
workplace and displayed
in prominent places.
19.3.2. The policy should make it
clear that harassment is a
form of unfair
discrimination, and will be regarded
by the employer as a
serious form of misconduct,
which will be subjected to
disciplinary action and
may result in dismissal.
19.3.3. On an incremental scale of
"minor", "serious" and
"very serious",
harassment is a very serious
offence. The disciplinary
code of an employer should
provide for very serious
offences like harassment by
placing a waiver on all warning
procedures, and
moving directly to a
disciplinary enquiry that could
be followed by a hearing.
19.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
19.4.1. Recruitment &
Selection - Applicants for a job are
normally most vulnerable to
harassment in exchange
for special favours.
Therefore special attention
should be placed on
behaviour that is likely to be
interpreted as harassment.
19.4.2. Promotion & Transfer
- Mechanisms should be put in
place to prevent `welcome'
or `unwelcome' harassment
that could be seen as
influencing promotion and
transfer decisions.
19.4.3. Discipline, Grievance
& Dispute Resolution
Appropriate policies and
procedures, which promote
appropriate behaviour and
serves as a guard against
harassment, should be
developed and implemented by
employers.
20.
DISCIPLINE, GRIEVANCE AND DISPUTE RESOLUTION20
This section of the Code is based on the
principle that employers
and employees should treat each other with
mutual respect. To this
end, the Code seeks to balance the right
of
20 Schedule 8 of the Labour Relations Act, which includes the Code
of Good Practice on Dismissal deals with some of the key aspects of dismissals
for reasons related to conduct and capacity.
The Code of Good Practice on Dismissal also deals with termination based
on operational requirements.
employees to fair employment practices
against the right of
employers to expect satisfactory conduct
and performance by
employees.
20.1. SCOPE
20.1.1. This section deals with
issues employers may consider
when managing grievances
filed by employees or
disciplining employees for
transgressing workplace
policies and practices.
20.2. IMPACT ON EMPLOYMENT EQUITY
20.2.1. The manner in which
discipline and grievance are
managed can generate
conflict in a workplace and may
undermine employment equity
achievements and
policies. Employers should
ensure that their
disciplinary and grievance
policies are consistently
and impartially applied.
20.2.2. This section of the Code is
not intended to serve as
a substitute for grievance
or disciplinary procedures
concluded at a workplace. An
employer should evaluate
whether their existing
grievance, discipline and
dispute resolution procedures
are conducive to
dealing with unfair
discrimination and harassment.
20.3. POLICY AND PRACTICE
The Grievance Process
20.3.1. Unfair discrimination or
allegations of a breach of
the Act should be dealt
with as quickly and as
thoroughly as possible.
Conflict is best managed if
addressed expeditiously and
according to fair and
impartial principles.
20.3.2. Employers should endeavour
to protect complainants
and ensure that complaints
and grievances lodged are
dealt with sensitively and
discretely.
20.3.3. Employers should take
disciplinary action against
any employee who retaliates against a fellow
employee for using the
grievance procedure to
address a concern or
grievance concerning an alleged
act of harassment, unfair
discrimination or a breach
of the Act.
20.3.4. Employers should consider
workplace policies that
make any act of unfair
discrimination or breach of
the Act a form of very
serious misconduct.
20.3.5. Employers should ensure that employees are aware of
or can reasonably be
expected to be aware of
workplace policies and
practices, particularly in
relation to unfair
discrimination.
20.3.6. Employers are responsible
for ensuring the
consistent application and
enforcement of policies
to avoid allegations of
arbitrary or unfair
application of discipline
on the basis of one or
more of the prohibited
grounds. Policies on
discipline must apply
equally to all employees.
20.3.7. Disciplinary action should
seek to correct an
employee's behaviour.
Disciplinary measures may
include counseling,
warnings or creative
solutions. The primary aim
of discipline should be
to encourage a culture of
respect for difference
and dignity.
20.3.8. Employers should value and
encourage greater
awareness of diversity.
20.3.9. Employers should keep a
record of all grievances,
disputes and disciplinary
actions taken and conduct
regular audits to
determine the extent to which:
20.3.9.1. employees have
utilised the procedures.
This information
should be disaggregated
by race, gender
and disability;
20.3.9.2. the grievances
filed by employees where
breaches of the
Act are alleged; and
20.3.9.3. the outcome of
processes.
20.3.10. Employers may use the
outcome of this review to
assess whether its
policies are being utilised and
whether they are being
used to address
grievances and disputes
that arise in the workplace
in relation to unfair discriminatory practices or
any other breaches of the
Act.
20.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
20.4.1. Working environment
- Conflict is inherent in
workplaces. Employers need to manage the
manifestations of conflict
in a manner that
discourages unfair
discrimination.
20.4.2. Harassment -
Employees must be made aware that
harassment is serious
misconduct, and it will be
dealt with effectively and
efficiently.
PART
C: ENDING EMPLOYMENT
21.
TERMINATING EMPLOYMENT
21.1. SCOPE
An employer may terminate the
employment of an employee by
agreement or for reasons based on
misconduct, incapacity or
for operational requirements. This
section outlines some of
the key employment equity
considerations in ensuring that
employment is terminated in a fair
and consistent manner.
21.2. IMPACT ON EMPLOYMENT EQUITY
21.2.1. Terminations should be
fairly and lawfully effected
and must serve the purposes
of the employer without
discriminating against any
employee.
21.2.2. In the context of termination for operational
requirements, an employer,
when consulting with the
affected party, should
consider the appropriateness
of adopting the standard
selection criteria of Last
In First Out (LIFO) as this
may undermine the
retention of designated
groups. In the context of
employment equity,
traditional criteria may undermine
the progress made to achieve
numerical targets and
would need to be revisited
to ensure that they
support the achievement of
employment equity
objectives.
21.3. POLICY AND PRACTICE
21.3.1. In order to achieve
numerical targets, employers may
initiate voluntary exit
strategies to make space for
designated groups. This
strategy should be preceded
by consultation in order
for it to be accepted as a
legitimate affirmative
action measure. It should
be transparent and
effectively communicated to those
existing incumbents who may
be affected. Employers
should be guided by the
long-term viability and
sustainability of
institutional knowledge in making
the decisions to use
voluntary exits of non-
designated groups, as a
strategy to achieve
numerical targets. An employer should implement this
strategy in tandem with
skills development, career
development and succession
planning to ensure that
skills that are core to the
employer are replaced.
21.3.2. When terminating the
employment of an employee for
reasons of incapacity
based on disability or
chronic illness, employers
should refer to
the Code of Good Practice
on Key Aspects of
HIV/AIDS and Employment
and the Code of Good
Practice on the Employment
of People with
Disabilities.
21.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
21.4.1. Skills development - An employer should provide
skills training to its
managers to ensure that
they do not act in a
discriminatory manner.
21.4.2. Disputes and grievance
resolution - Termination of
employment must be
conducted according to fair
labour practices and in
line with the
employer's procedures,
including its discipline,
grievance and dispute resolution
procedures.
22.
EXIT INTERVIEWS
22.1. SCOPE
22.1.1. Exit interviews are
conducted by the employer with
the employee at the time of
voluntary termination,
retirement or retrenchment.
22.1.2. The purpose of an exit interview is to obtain
information about the
employees experience during
employment. These exit
interviews could provide
valuable information about
barriers and other factors
that could have contributed
to the termination.
22.2. IMPACT ON EMPLOYMENT EQUITY
An employer should analyse the
information it obtains from
exit interviews and identify
trends, which should inform
barrier removal initiatives.
22.3. POLICY AND PRACTICE
22.3.1. To make exit interviews an
effective process,
employers should consider:
22.3.1.1. Conducting a
standard exit interview
providing a set of guidelines for
consistent
application;
22.3.1.2. Conducting an
exit interview that allows
the departing
employee to comment on any
discriminatory
practices in the workplace;
22.3.1.3. Senior employees,
who are skilled at
obtaining
information, should conduct exit
interviews. Alternatively,
an employer
may consider
using an independent person
or persons from
designated groups to
ensure that the
departing employee is
able to speak as openly and honestly as
possible about
their experiences; and
22.3.1.4. Information
disclosed in exit interviews
is confidential
and can only be used to
identify themes or problems in the
workplace.
22.3.2. Employers may consider
developing periodic reports
reflecting trends that may
have emerged during exit
interviews, including the identification of
barriers experienced by
employees from designated
groups.
22.3.3. Senior management should
take action to eliminate
barriers that are
identified during exit interviews.
22.3.4. Employers may consider
comparing their staff
turnover rates against
similar jobs within the same
sector. If turnover is
higher than these benchmarks
then an employer should consider initiating
interventions to address
the problems.
22.4. KEY LINKS TO OTHER TOPICS IN THE
CODE
22.4.1. Retention - There
are numerous factors that impact
on the retention of employees from designated
groups. These factors
include work climate,
competitive remuneration,
effective performance
management, learning
pathways, organisational
culture, incentive schemes, challenging work
assignments, work-life
balance and workplace
environment.