Abstract
South Africa is an unequal nation as a result of the apartheid system, in which the state disempowered the majority of the population based on their race.1 South Africa has emerged from a history dogged by an oppressive system in which race was used as a medium of oppression.2 Research however suggests that Black employees in South Africa still face racial discrimination because of previous apartheid regulations.3 As a result, it is critical to analyse the present laws aimed at protecting and advancing these employees.
This minor dissertation critically analyses the Employment Equity Act 55 of 1998 which aims to establish workplace equality by encouraging equal opportunity and fair treatment, eliminating unfair discrimination, and enacting affirmative action policies.4 Furthermore, this paper determines to what extent this has redressed the racial inequality that was prevalent in the workplace prior to the democracy gained in South Africa after 1994.5 In addition, its application in labour law in South Africa is analysed. Moreover, the constitutional right to equality is examined as well as the relevant international instruments.
Following the critical evaluation of South Africa's employment equity legislation, an examination of Australia's employment equity legal instruments was conducted. The purpose of this analysis was to find the success of this foreign system to provide recommendations for South Africa. The final part of this dissertation provides concluding remarks and recommendations that South Africa can implement to ensure an effective application of affirmative action in the workplace. This minor dissertation concludes that Black people are still underrepresented in the workplace and that the affirmative action plan has not yielded the intended aim. The statistical analysis of the Commission of Employment Equity reports prove that Black people are still underrepresented. White people continue to occupy high status jobs and Black people continue to dominate unskilled/lower job levels.