Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Preparation, Implementation and Monitoring of the Employment Equity Plan (EE Plan)

6. Process for Constructing Plan

6.1.1 Initiator to steer the process, including the assignment of one or more senior managers

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(a) An employer must initiate and steer the process for the preparation of an EE Plan, which could be assigning such responsibility to a permanent employee that reports directly to the Chief Executive Officer 2 (CEO) / Accounting Officer.
(b) Notwithstanding the CEO / Accounting Officer is deemed to be the accounting officer for the implementation of the Act, the board may nevertheless agree on employment equity outcomes for the CEO / Accounting Officer.
(c) The CEO / Accounting Officer may, particularly in the case involving a small workforce, assume the responsibility to initiate and steer the process for the development, implementation and monitoring of the EE Plan.
(d) The CEO / Accounting Officer may, particularly in the case involving a large workforce, assign the responsibility for initiating the process for the development, implementation and monitoring of the EE Plan to senior managers.
(e) One or more senior managers who are assigned the responsibility for the implementation and monitoring of EE Plans should be included from the preparation phase of the process.
(f) The employer must—
(i) provide the assigned managers with the necessary authority and means, such as an appropriate budget, to perform their allocated functions; and
(ii)take reasonable steps to ensure that these managers perform their allocated functions by incorporating key employment equity outcomes in their performance contracts.

 

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2 The CEO is the accounting officer who could also be a Director General, Municipal Manager, etc.