n Annual Survey of South African Law - Labour law

Volume 2008, Issue 1
  • ISSN : 0376-4605



The EEA provides that a designated employer must have an employment equity plan in place before implementing affirmative action measures. An ad hoc decision of an employer in this regard is simply insufficient to justify an affirmative action appointment, regardless of the apparent worthy intentions involved. This principle is illustrated by the decision of the Supreme Court of Appeal in (2008) 29 ILJ 2535 (SCA).

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