Lydia Indombo
The Affirmative Action (Employment) Act, 1998 (No.29 of 1998) places an obligation on every Relevant Employer to prepare and implement a three-year Affirmative Action Plan. The Affirmative Action Plan is a written document outlining the steps that a Relevant Employer plans to take in order to ensure equal employment opportunities within their establishment.
A Relevant Employer must specify the Affirmative Action measures to be instituted to eliminate employment barriers against persons within designated groups, positions of employment to such persons if it is reasonably possible, and ensure such persons are equitably represented in various positions of employment within their establishment.
The Affirmative Action Plan should set out affirmative action objectives which they expect to achieve by setting out, where appropriate, numerical goals to increase the representation of persons in designated groups in each job category and grade.
It is important that the Relevant Employer keeps track of progress in terms of achieving the set objectives by establishing a timetable and setting out an internal procedures for monitoring and evaluating the Affirmative Action Plan.
Does consultation with employees matter in developing an AA plan?
Section 24 of the Act places an emphasis on consultation and assistance of employees in developing and implementing an Affirmative Action Plan. Thus, a Relevant Employer shall carry out consultations with representatives of his/her employers, or with a trade union representing the interests of such employees.
The consultation should communicate matters relating to the preparation, implementation and revision of the Affirmative Action Plan, and the assistance of such representatives or trade union in informing the Plan to the rest of other employees. Although it remains the overall responsibility for an identified senior employee in ensuring the implementation of the Affirmative Action Plan, an employees’ representative or a trade union should also monitor its implementation.
Representatives consulted shall reflect the interest of employees from across all occupational categories and levels of the employer’s workforce, employees from designated groups, and employees who are not from designated groups.
Is the AA plan amendable?
A Relevant Employer may amend his/her/its Affirmative Action Plan, subject to approval by the Employment Equity Commission. In addition, a Plan can also be amended based on the recommendations of the Review Panel in order to meet the circumstances as may be prevailing in the employment offered by such Relevant Employer.
*Lydia Indombo is the Acting Executive Director in the Ministry of Labour, Industrial Relations and Employment Creation.