The review should include a critical examination of all established policies, practices, procedures and the working environment to identify barriers that directly or indirectly impede one or more of the designated groups’ equitable representation in the workplace, including those relating to—
| (a) | Recruitment, selection, pre-employment testing and induction, promotion, development and retention. |
| (b) | Succession and experience planning, promotions and transfers. |
| (c) | Job assignments and training opportunities. |
| (d) | Performance and remuneration, including equal pay for work of equal value4. |
| (e) | Discipline and dispute resolution. |
| (f) | Working conditions, including the accommodation of cultural, religious and other diversity differences. |
| (g) | Reasonable accommodation, including for persons with disabilities |
| (i) | Any other policy, procedure or practice that may arise from the consultation process. |
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| 4 | Section 16 (3) (4) (5)of the LRA states that: |
Subject to subsection (5), whenever an employer is consulting or bargaining with a representative trade union, the employer must disclose to the representative trade union all relevant information that will allow the representative trade union to engage effectively in consultation or collective bargaining. The employer must notify the trade union representative or the representative trade union in writing if any information disclosed in terms of subsection (2) or (3) is confidential. An employer is not required to disclose information that is legally privileged;
| (a) | that the employer cannot disclose without contravening a prohibition imposed on the employer by any law or order of any court; |
| (b) | that is confidential and, if disclosed, may cause substantial harm to an employee or the employer; or |
| (c) | that is private personal information relating to an employee, unless that employee consents to the disclosure of that information. |
If there is a dispute about what information is required to be disclosed in terms of this section, any party to the dispute may refer the dispute in writing to the Commission.
