The study took place in the Department of Health. It involved four districts and the Head Office of the human resource planning component. Its purpose was to explore the extent to which the Employment Equity Act is implemented in respect of people with disabilities by the Department of Health, KwazuluNatal. The experiences and perceptions of employment equity officers and people with disabilities were explored. In addition the document on Gap Analysis on EEA was analyzed. Qualitative methodology guided the explorative descriptive nature of the research. The sample selected for the study aimed at balancing opinions on the subject under investigation. Data was collected through structured questionnaires, in depth interviews and content analysis of the departmental Gap Report on Employment Equity. The main findings revealed that there is a wide gap between the current status quo and achieving the desired objectives of the Act. There is also a lack of awareness among People with disabilities in understanding the legal rights in terms of the Act. This situation weakens stakeholder's participation in implementation of the Employment Equity Act NO.55 of 1998. The main recommendations related to the implementation of intensive training programmes, in order to assist stakeholders to participate effectively in Employment Equity Act programmes. A bottom up approach on implementation of the Employment Equity Act was recommended. This will help to ensure equal participation of and acceptance of the process by People with disabilities and employment equity officers. / Thesis (M.A.)-University of Natal, Durban, 2002.

Since its emergence as the ruling party in 1994, when South Africa became a democratic country, the African National Congress has legislated and implemented a number of policies that are aimed at redressing the historical imbalances of the past caused by the Apartheid system. The Constitution of South Africa provides for the equality of men and women as a basic human right. The South African Employment Equity Act (1998) was introduced as a way of assisting the process of achieving equality and fairness in the employment practices of government, business and other sectors in South Africa. Scholars such as Merilee Grindle have argued that for a policy to succeed many things need to be considered such as the internal and external environment in which the implementation is to occur. There has also got to be a buy-in from the relevant stakeholders as policy implementation can be influenced by the implementer’s own belief system. Factors such as one’s upbringing, religion, race, class and culture can all impact on workplace practices. Through face to face interviews with the people who are the intended beneficiaries of this policy, this study moves away from looking at the statistics that have previously been the sole analysis of the implementation of the Employment Equity Act (EEA) to look at historical, political and cultural influences on the application of the EEA. In particular this study attempts to interrogate whether cultural factors play a role or impact on the way the EEA is being implemented within a government department using the KwaZulu Natal Department of Economic Development as a case study. The obvious reason for focusing on culture is that one’s cultural background inevitably shapes how an individual views the world and engages with other people. Cultural beliefs and prejudices can also affect a person’s conduct in the workplace. KwaZulu Natal is a province that has a very long history of cultural traditions rooted in a largely patriarchal system, therefore interrogating this topic within this province is highly appropriate. The responses of the participants will reflect the views of mostly women in management positions. From these perspectives the study will reflect on the degree to which culture does play a role in the implementation of the EEA in this particular case study. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2011.

This is a study undertaken to assess the effectiveness of employment equity implementation at Suncoast Casino. 2004 will mark ten years since South Africa became a democratic Country and as such it is now time to assess changes that have taken place since 1994. This study delves into the minds of staff at Suncoast Casino to evaluate their perceptions on employment equity implementation based on the five processes of the Employment Equity Act of 1998. Whilst the Employment Equity Act attempts to right old wrongs, the question that still emerges is: Is this not just another attempt at window dressing past injustices? A structured questionnaire was effectively utilised to obtain the necessary data required for the outcomes of the study. The questionnaire was designed to specifically target the five provisions of Chapter Three of the Act. The responses were captured on SPSS and were subject to analysis. The results of the study revealed very interesting findings. It was clear that employment equity implementation is taking place at Suncoast Casino. The findings however, did suggest that improvements in job satisfaction and training and development are required at Suncoast Casino in order to ensure effective employment equity implementation. Chapter Five explores possible recommendations for dealing with these areas of concern. The point of conclusion to this research undertaken is dealt with in Chapter Six. / Thesis (M.B.A.)-University of Natal, Durban, 2003.

This dissertation focuses on the forces that are bringing about changes in the employment relationships in the higher education sector. Labour law regulates the employment relationships. This dissertation also seeks to determine the extent to which the forces that are external to the parties to the employment relationship determine the legal environment within which the parties can exercise their rights and obligations. The important factor that is taken into account in this regard is the constitution of the country which is the supreme law of the land. The fundamental rights that are enshrined in the constitution must be recognised and respected by labour law and consequently by the parties to the employment relationships. The constitution provides that when interpreting any legislation, every court, tribunal or forum must promote the spirit, purpose and objects of the Bill of Rights. This dissertation is confined to the public higher education system. The constitution also stipulates that the power to pass legislation that regulates tertiary education is given to the national government exclusively. It is for that reason that the Higher Education Act has been amended to give the Minister the power to bring about the desired changes. The National Plan for Higher Education that was introduced by the Minister of Education in March 2001 is the basis of the discussion of the issues of equity, restructuring, incorporations and mergers that are currently taking place in the higher education sector in this dissertation. This is a force that is external to the parties and is brought about by policy considerations. The analysis of the issue of equity therefore takes into account the right to equality as buttressed by affirmative provisions of the constitution of the country and the legislation that has been enacted to outlaw discrimination at the workplace and to promote equality of opportunity is considered. The enforceability of the equity provisions of the National Plan for Higher Education are analysed in this context. Labour law also determines the respective rights and obligations of the parties when it comes to restructuring that is taking place in the higher education sector. Labour law acknowledges that the operational requirements of employers may compel them to restructure their operations. This may lead to a loss of jobs. The principles of labour law and labour legislation that regulate these phenomena are analysed. The National Plan for Higher Education seeks to bring about a change in the landscape of the higher education system in this country. It proposes mergers and incorporations of certain institutions of higher education into. other such institutions. Labour law principles and legislation regulate how these phenomena can be effected. Common law recognises an employment relationship between a particular employer and a particular employee and does not provide for the notion of transferring the employment relationship to a new employer. This dissertation analyses the applicable provisions of labour law when this transfer of contract happens in the higher education sector. Our labour law is itself in a state of flux, not only because the relevant labour legislation is new, but also because that "new" labour legislation is in the process of being amended. This aspect has been compounded by the fact that the Labour Appeal Court has given different interpretations to certain provisions of the legislation, leading to further amendment of the legislation. The relevant amendments relate to dismissals based on operational requirements of the employer and the transfer of contracts of employment from the "old" employer to the "new" employer. This dissertation aims to highlight the measures that the role players must take to ensure that the implementation of the directives contained in the National Plan for Higher Education, among others, does not fall foul of our labour law. / Thesis (LL.M.)-University of Natal, Durban, 2001.

Affirmative action is a central concept in South African politics and the workplace. The Employment Equity Act divides society into a designated group (blacks, women and people with disabilities) and a non-designated group (white men and white women). In this study, the influence of affirmative action on alienation of the non-designated group was investigated. Guidelines were also developed for employers in order to lead the non-designated group from a state of alienation to that of commitment. Two research questions were investigated: • Does affirmative action lead to the alienation of the non-designated group? • What will guidelines for companies, with the view to address the alienation problem, look like? Three central themes appear in this study. Firstly the concept alienation was investigated. The theory of Seeman was heavily relied on. He succeeded in summarising the experience of alienation in five variants, namely powerlessness, meaninglessness, normlessness, isolation and self-alienation. Secondly, guidelines were developed in order to lead the non-designated group from a state of alienation to that of commitment. To succeed in doing this, the industrial sociology alienation theory and the industrial psychology motivation theory were linked together. The quadruplet sisters of the motivation theory, namely motivation, work satisfaction, work involvement and organisational commitment were applied as the basis for the guidelines. Thirdly, affirmative action was discussed in depth. The experience of the non-designated group regarding affirmative action was investigated, affirmative action as an international phenomenon was scrutinized, different methods for implementing affirmative action were researched and a study on statutory framework of affirmative action was also undertaken. / Thesis (Ph.D. (Industrial Sociology))--North-West University, Potchefstroom Campus, 2007.

The global move towards human rights, the publication of King 11 reports and the post democratic legislations coerced the South African mining industry to diversify its workforce. The Employment Equity Act was the major driving force behind this, aimed at eliminating discrimination in the workplace and implementing Affirmative Action measures so that the workforce would reflect the economically active population. The question remains as to whether it could achieve a representative workforce, since the Commission of Employment Enquiry reports (2009-2010) and the Quarterly Labour Force Survey (second quarter, 2010) indicated that progress is very slow throughout all the industries. The mining industry is still predominantly White-controlled and emphasis is being placed on stimulating Black empowerment in the industry. Since the early 1990s the industry has seen significant restructuring and changes, including the phasing out of the traditional mining houses and the incorporation of the designated groups (females and Blacks) in ownership and management. However, rising gold prices and pressures on the global economy have forced the industry to embark on measures which impacted badly on the employment equity, leading to measures such as downsizing both the operations and staff, limiting training, centralising and outsourcing through contractual work. Migrant labour still plays an integral part. In order to analyse the application of Employment Equity Act and workplace diversity in the mining industry, a literature review was conducted to conceptualise the major constructs, and a survey through a close-ended questionnaire was administered to establish the progress made in this regard. The questionnaire was divided into three sections: section A was a biographical/demographic analysis focussing on the personal attributes ranging from gender, age, race, education and job grade. Section B and C were in the form of five-point likert scale to analyse the extent of understanding and knowledge, as well as attitudes and behaviour of the respondents respectively. The results were compared to secondary data in the form of reports collected from the senior metallurgy human resource manager. The convenience sample was taken from a sample of employees staying in the mining complex known as the 'Quarters', which comprised 345 houses, of which a response rate was 54%. Findings from the primary data indicated some progress in changing the organisational culture, with the majority of the respondents giving positive perceptions towards gender, disability and language used, while they identified the following as barriers (negative perceptions): lack of commitment by management; unfair labour practices in recruitment, promotions, training and development; insufficient knowledge about EEA and diversity; racial discrimination; and negative turnover intentions. They believed that diversity could improve productivity. The secondary data revealed that there was slow progress in attaining the numerical targets, especially in the D-band upwards (senior and top management levels). The females and people with disability were under-represented in all categories. The majority of employees in the skilled (C-band), semi-skilled and unskilled (B1-B7) were terminating their services. It is suggested that training of personnel about EEA and diversity be considered to get their active support and to prepare them for the change from the status-quo, extensive development of management on labour relations and good practices, as well as formation of committees to steer and monitor the adherence to policies. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2011.

The global move towards human rights, the publication of King 11 reports and the post democratic legislations coerced the South African mining industry to diversify its workforce. The Employment Equity Act was the major driving force behind this, aimed at eliminating discrimination in the workplace and implementing Affirmative Action measures so that the workforce would reflect the economically active population. The question remains as to whether it could achieve a representative workforce, since the Commission of Employment Enquiry reports (2009-2010) and the Quarterly Labour Force Survey (second quarter, 2010) indicated that progress is very slow throughout all the industries. The mining industry is still predominantly White-controlled and emphasis is being placed on stimulating Black empowerment in the industry. Since the early 1990s the industry has seen significant restructuring and changes, including the phasing out of the traditional mining houses and the incorporation of the designated groups (females and Blacks) in ownership and management. However, rising gold prices and pressures on the global economy have forced the industry to embark on measures which impacted badly on the employment equity, leading to measures such as downsizing both the operations and staff, limiting training, centralising and outsourcing through contractual work. Migrant labour still plays an integral part. In order to analyse the application of Employment Equity Act and workplace diversity in the mining industry, a literature review was conducted to conceptualise the major constructs, and a survey through a close-ended questionnaire was administered to establish the progress made in this regard. The questionnaire was divided into three sections: section A was a biographical/demographic analysis focussing on the personal attributes ranging from gender, age, race, education and job grade. Section B and C were in the form of five-point likert scale to analyse the extent of understanding and knowledge, as well as attitudes and behaviour of the respondents respectively. The results were compared to secondary data in the form of reports collected from the senior metallurgy human resource manager. The convenience sample was taken from a sample of employees staying in the mining complex known as the 'Quarters', which comprised 345 houses, of which a response rate was 54%. Findings from the primary data indicated some progress in changing the organisational culture, with the majority of the respondents giving positive perceptions towards gender, disability and language used, while they identified the following as barriers (negative perceptions): lack of commitment by management; unfair labour practices in recruitment, promotions, training and development; insufficient knowledge about EEA and diversity; racial discrimination; and negative turnover intentions. They believed that diversity could improve productivity. The secondary data revealed that there was slow progress in attaining the numerical targets, especially in the D-band upwards (senior and top management levels). The females and people with disability were under-represented in all categories. The majority of employees in the skilled (C-band), semi-skilled and unskilled (B1-B7) were terminating their services. It is suggested that training of personnel about EEA and diversity be considered to get their active support and to prepare them for the change from the status-quo, extensive development of management on labour relations and good practices, as well as formation of committees to steer and monitor the adherence to policies. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2011.

The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.

Magister Administrationis - MAdmin / This research is an evaluative case study of transformation in a Historically White University in South Africa. The research occurs within the context of redress against the inequality and exclusion created by the legacy of apartheid. The research is a qualitative and quantitative study. it is based on based on desk research and include a literature review. Internet search as well as an analysis of key organizational and policy context documents such as reports, projects and surveys are used. semi-structured interviews was held with a sample of staff. / South Africa

This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.