Employers warned against Employment Equity misrepresentation

The department has also signaled that not just top executives but EE managers and EE Forum members will be held accountable under the law for ensuring compliance.

The Department of Employment and Labour in South Africa is taking a firm stance against misrepresentation of Employment Equity (EE) status by employers, with severe legal repercussions, including criminal charges, now on the table. This was announced by Advocate Fikiswa Bede, Chief Director of Statutory and Advocacy Services, during the Employment Equity Dinner and Awards ceremony in Braamfontein, Johannesburg.

Bede emphasized the department’s shift towards stricter compliance verification, stating that the integrity of EE reports submitted by companies will no longer be taken at face value. The move comes as part of an effort to ensure genuine adherence to EE plans, which are required to be signed off by company CEOs.

The department has also signaled that not just top executives but EE managers and EE Forum members will be held accountable under the law for ensuring compliance. This reflects a broader enforcement approach to foster a more inclusive work environment across various sectors.

Highlighting the seriousness of the issue, Bede warned of the potential criminal records for CEOs and other key company officials if found guilty of falsifying EE data. The department is leveraging Section 61 of the Employment Equity Act, which prohibits obstructing the department's efforts or providing false information.

In a positive light, the ceremony also recognized companies that excel in EE compliance. Nine employers were honored from a pool of 91 candidates, assessed against their own EE plans. Awards were distributed across several categories, with distinctions such as the Ministerial Award and affirmations for companies showing significant progress.

Inspector General Aggy Moiloa urged employers to willingly embrace compliance, noting the inspectorate's ongoing efforts to ensure fair workplace practices. Moiloa praised the award winners as pioneers in establishing equitable workplaces, capable of nurturing diverse talent.

The focus on compliance and the celebration of model employers underscore the department's dual strategy of enforcement and encouragement, aiming to foster a more equitable job market across the nation.