New EE targets cannot be used to fire or retrench staff, says leading law firm | Business

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Law firm Werksmans says an employer cannot retrench or fire someone simply because they want to employ a person of a different race. | City_Press

In May, the Department of Labour published regulations setting numerical transformation targets for 18 industries.

In May, the Department of Employment and Labour published regulations that set numerical transformation targets for 18 industries to comply with over the next five years. The DA responded by sounding the alarm and alleged that more than 600 000 people would lose their jobs should the targets become law.

Dismissing employees on the basis that the employer needs to meet the numerical targets set by the regulations would be in violation of the Labour Relations Act of 1995, said July and his colleague, Nonkosazana Nkosi, a senior associate at Werksmans, in a recent paper. Certainly, these ideals are the cornerstone of our employment equity regime and serve as a guiding light as we navigate the seas of economic and social transformation in the workplace.

 

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