This dissertation is a journey through the legislative changes and case law in order to analyse and evaluate the changing nature of South African jurisprudence in respect of the notions of equality, discrimination and affirmative action and the manner in which these issues are proved and dealt with in our courts. It focuses firstly on the emergence of the post-Wiehahn labour laws and the developing jurisprudence concerning discrimination in South Africa towards the end of a long period of isolation from the international world. It witnesses the growing cognizance which was taken of international guidelines and their slow and gradual incorporation into our jurisprudence before the institution of the new democratic government, in the days when the country was still firmly in the grip of a regime which prided itself on its discriminatory laws. It also deals in some depth with the new laws enacted after the first democratic government was installed, especially in so far as the Constitution was concerned. The first clutch of cases dealing with discrimination which were delivered by the Constitutional Court and their effects on decisions of the labour courts thereafter, are dealt with in great detail, indicating how important those judgments were and still are ten years later. A special chapter is devoted to the Harksen case, still a leading authority on how to deal with allegations of unfair discrimination. Having traversed several of the judgments of the labour courts after Harksen, several observations are made in the conclusion of the study which, it is hoped, summarize the major areas of concern in respect of the task of testing claims of unfair discrimination arising in our Courts.

South Africa has undergone major social and political changes over the past two decades. In addition, new legislation in the form of the Employment Equity Act (No. 55 of 1998), which regulates employment practices in an attempt to make the workplace a true reflection of the South African population, was introduced to employers. The implementation of this Act has a major impact on organisations in South Africa and definitely influences the way in which they do business. Organisations, large and small, in every sector are being squeezed in all dimensions. They compete for customers whose expectations of quality, price and service are constantly increasing. Throughout the world, education, training and equitable working practices are recognised as essential ingredients to compete successfully and to ensure high performance practices. This research paper investigates whether the employee development strategies at Medscheme (the organisation selected for this study) are aimed at meeting employment equity objectives. An important reason for the investigation is that globalisation and the need for organisations to gain sustainable competitive advantage require new and different approaches for the recruitment, training, development and retention of employees with key skills. The key to success will, however, be for organisations in South Africa to find a middle way between ensuring equity, while remaining competitive. In order to achieve the objective of the research, the following approach was followed: Firstly, a comprehensive literature study was conducted to determine the legislative basis for equity and employee development; Secondly, a survey of literature dealing specifically with employee development initiatives available to organisations was conducted; Thirdly, the views of the employees within Medscheme were obtained to determine to what extent the organisation implemented the Employment Equity Act and what development strategies are used to facilitate the Abstract iv development of individuals from the previously disadvantaged designated groups to equip them for future positions in senior and top management; and, Lastly, the responses to the questionnaire were analysed to determine the extent to which Medscheme’s employee development strategies support the objectives of the Employment Equity Act.

This research project is about the “Factors Affecting the impact of Black Economic Empowerment strategies in enhancing previously disadvantaged beneficiaries in Mnquma Local Municipality.” The purpose is to examine the challenges faced by previously disadvantaged beneficiaries so as to emerge with new innovative BEE mechanisms that can be implemented to improve the situation faced by beneficiaries for the better. To achieve this objective, it was necessary to study the iterature of “Black Economic Empowerment” which is part of the Local Economic Development initiatives. In order to attain the main objective of the study and also to address the research problem face to face interviews were conducted with previously disadvantaged beneficiaries, Local Economic Development officials and councillors from five different wards of Mnquma Local Municipality. The literature review and the interviews helped one to come up with the recommendations to be adopted in order to remedy the situation of the beneficiaries. These recommendations will, hopefully, be of assistance to Mnquma Local Municipality. Findings of this study indicate that challenges faced by previously disadvantaged beneficiaries include: fronting, lack of finance, skills shortage like technical, management, budgeting and saving skills, absence of training workshops, and lack of support on SMMEs development as well as poor implementation of BEE policy by Local Economic Development Unit. The aforesaid challenges have negative effects on the implementation of BEE strategies which adversely affect the beneficiaries. Here are some of the recommendations made in this regard: support and assistance for previously disadvantaged beneficiaries like financial assistance, Khula financial schemes, bank loans, training and workshops, establishment of agricultural projects as well as assistance on coordination of co-operatives initiatives. Other recommendations provide possible solutions to these problems: corruption, nepotism and cadreship deployment. In order to act against these transgressions the following suggestions have been made in the study: containment of fronting, development of heritage and historical sites for tourists’ purposes, recommendation on BEE management strategies and also recommendation on business registration and licensing. The study concludes that if the Mnquma Local Municipality can execute all the proposed recommendations, all the factors raised as the stumbling block towards the success and beneficiary of the previously disadvantaged beneficiaries would be resolved.

With the advent of democracy in South Africa in the early 1990s, the new government had to introduce major social, economic and political changes in order to undo the damages inflicted by many years of both colonialism and apartheid. These changes included the scrapping of discriminatory legislations and drafting of new laws to regulate employment practices. Amongst the pieces of legislation that the new South African government put in place, the Employment Equity Act, (Act 55 of 1998) was a major turning point in the elimination of discrimination at the workplace and redressing the injustices of the previous regimes. The Act is aimed at regulating the employment practices in an attempt to make the workplace a true reflection of the South African demographics. As a result, the promulgation of the Act had a major impact on the organisations in South Africa and has affected the way they now do business. Although the Act has been in existence for 14 years, progress in the implementation of employment equity and affirmative action in organisations in South Africa has been far less significant, particularly in the representation of women in managerial positions. In South Africa, an overwhelming majority of managerial positions are still occupied by men, with marginal women occupying management positions. Thus, women are still experiencing discrimination and under-representation at the workplace. Noting this trend at Amatola Water Board, the researcher decided to investigate the extent of progress the organisation has achieved in the implementation of its Employment Equity Plan 2009-2014. The objectives of the study were to identify factors that could assist the organisation to effectively implement the Plan, identify the impediments that pose challenges to effective implementation of the Plan in the organisation, and establish the perceptions of employees on the implementation of the Plan in the organisation. To collect data for the study, the researcher used a qualitative research approach. In this regard, the researcher used questionnaires and interviews to collect qualitative data. A sample of fifty employees was selected for the administration of questionnaires and four additional employees were selected for interviews. Both samples were selected by purposive sampling. The study has established that employment equity is still a challenge that South African organisations are struggling to implement. The study has revealed that, at Amatola Water Board, there are indeed various factors that contribute to the low representation of women in managerial positions. These factors include the lack of management support for the implementation of the Employment Equity Plan, recruitment processes that fail to recruit sufficient numbers of qualified applicants, training and development practices that fail to produce the required number of qualified employees, unconducive organisational culture, veiled racial and gender stereotypes, and inadequate communication. Suggestions and recommendations to address these challenges have been espoused.

M.A. / This study focuses on the development of an affirmative action strategy for a group of companies within the retail sector in South Africa. The reasoning behind the study is that enough has been said and written about affirmative action, about what it is and about what it should be. The time has now come to develop an appropriate strategy which will be accepted within the given company. The strategy must be one which can be successfully implemented in the business environment of the company concerned. A strategy has been developed around the selected company's organisational structures, people, geographic spread, culture and need to implement such a strategy. The study acknowledges that the strategy developed is relatively conservative, especially when compared to other radical or aggressive affirmative action strategies. Ultimately, the company's culture, readiness to accept affirmative action policies and resistance thereto have dictated the contents of the strategy, and the manner of its implementation. In the study, an overview is presented of literature on affirmative action as well as of current and imminent labour legislation. Cognisance is also taken of the views of other role players. The overview of the literature and the legislation form the core around which the strategy has been developed. Finally, a strategy acceptable to the company studied has been presented. The conclusions drawn from the study are that an affirmative action strategy and its implementation: remain controversial and create fears at all levels of employment; will only succeed if the strategy has the support of all role players; should be developed and assessed in accordance with the organisational culture and needs of the company wishing to introduce the strategy. The company decided that the inequities of the past should be eliminated and that discrimination at all levels of employment should be removed. Simultaneously, essential skills and experience has to be retained. The company's strategy should not involve and may not be perceived as discrimination in reverse.

M.Comm. / South African society is currently experiencing a period of rapid transformation. These sociopolitical changes taking place in the external environment is posing unique challenges to South African business. Salient to these challenges is how the politically powerful, but poor majority will be integrated into an environment that previously excluded them. It is commonly accepted that this integration and the eradication of the economic backlog can not only be achieved through formal education and training, but that it should be supported by programmes aimed at the accelerated development of blacks. As such, the primary role that South African business has to play in the transformation of society as a whole, is the effective integration of marginalised groups into position from which they were previously excluded. In order to ensure that this integration is managed effectively several factors need to be taken into account. Of these, white resistance against affirmative action and the negative attitudes held by them towards blacks in general, pose the greatest threat. The negative impact of the aforementioned on the affirmative action process is heightened when these traits are exhibited by the supervisors of black employees taking part in affirmative action programmes. In order to determine the effect these attitudes have on the job involvement and job satisfaction of black employees, factors inhibiting the occupational mobility of blacks and the role of the immediate supervisor in this process were analysed from literature. It was found that the supervisor plays a distinct role in the upward mobility of his/her subordinates and that this is especially the case where he/she has black subordinates. In chapter 3 the theory underlying job involvement and job satisfaction is discussed. From this discussion it is clear that the job involvement and job satisfaction of the individual influence his/her behaviour within the organisation to a large extent. It was further found that the immediate supervisor influences these variables to a large extent. In the empirical part of this dissertation a sample black employees, currently occupying positions previously reserved exclusively for whites, completed job involvement and job satisfaction questionnaires. Their supervisors completed a questionnaire that measured their attitude towards affirmative action. From the empirical study it was found that subordinates with supervisors who exhibit negative attitudes towards affirmative action do not necessarily have lower levels of job involvement and job satisfaction than those subordinates with supervisors who exhibit positive attitudes. This finding is not consistent with the theorising that supervisor attitudes towards affirmative action should influence the job involvement and job satisfaction of their black subordinates, and could be attributed to a number of factors, amongst others the nature of their jobs. From the study it became clear that urgent attention needs to be given to the determining of those factors that influence the job satisfaction and job involvement in Afro-centric populations. Almost all available research on these concepts focuses exclusively on Eurocentric populations and very little empirical data regarding the study of these concepts among Afro-centric populations exit.

The United States is a nation of peoples with highly stratified degrees of healthcare access and coverage, including many individuals with none at all. Exacerbating the problem of widespread health disparities is a persistent shortage of physicians over recent decades. Of most urgency is the need for doctors within already underserved minority communities. Extant research demonstrates that a more racially diverse student body can effectively address the nation's physician shortage and gross health disparities. Yet, the pool of future physicians of color relative to the increasingly racially diverse U.S. population remains incongruent. For medical school admissions committees, this is a formidable challenge, made ever more difficult by legal affronts to affirmative action in postsecondary admissions. Accordingly, the "disadvantaged status" prompt was inserted into the U.S. medical school application as a race-neutral mechanism with potential to help cull a more racially diverse medical student body. This project addresses the interface of minorities with the "disadvantaged status" essay, as there is a relative paucity of literature on the point of entry to medical school, particularly exploring the voices of applicants of color. Utilizing a Critical Race Theory (CRT) framework, this study expands the existing literature involving: (a) the history of minorities in U.S. medical school and the medical community's response to the stark and persistent absence of diversity among medical students and practitioners; (b) affirmative action in higher education and the race-neutral admissions trend; and (c) the enduring construct of "disadvantage" in regard to minorities within the U.S. education system.

No abstract available / Dissertation (MBA)--University of Pretoria, 2011. / Business Management / unrestricted

Across the globe, Affirmative Action broadly understood as a preferential redistributive policy intended to redress socio-economic inequalities created by past discriminatory labour policies, has been fraught with controversy and immense opposition from those who do not benefit from it. South Africa’s version has faced similar challenges to the extent that it is generally believed that non-beneficiaries’ reluctance to support it is based on their need to protect their long-standing economic advantage. The purpose of this study was to explore issues underlying the enduring stakeholder conflict over Affirmative Action in the South African context. In doing this, it focused exclusively on non-beneficiaries, investigating their perceptions of the policy. Additionally, the study sought to establish whether non-beneficiaries think Affirmative Action had any implications for the creation of a workplace environment in which all employees feel valued. The study was conducted following an exploratory approach and a qualitative design. In-depth interviews were conducted with 20 non-beneficiaries ranging from business practitioners to public representatives in parliament. Purposive sampling techniques were used to sample participants from organisations that had publically declared their views in opposing Affirmative Action. Findings showed that non-beneficiaries viewed Affirmative Action as a racist policy with a strict focus on numerically-representative outcomes. The study found that non-beneficiaries view Affirmative Action as a policy whose impact extends beyond workplace recruitment processes. It also showed that the policy is considered to have created negative externalities for the society and hampered business efficiency. The study revealed a belief that the policy has failed to correct socio-economic disparities. It also established that non-beneficiaries were unlikely to support Affirmative Action as they considered it an extractive economic policy. Furthermore, the study revealed that lack of good-quality economy-relevant education and skills were critical binding constraints to effective implementation of any measures to eradicate persistent socio-economic inequalities. An alternative input-based, socio-economic focused framework is proposed to address the fissures identified in the existing policy. / Dissertation (MBA)--University of Pretoria, 2014. / lmgibs2015 / Gordon Institute of Business Science (GIBS) / MBA / Unrestricted

No description available.