n Annual Survey of South African Law - Labour law
|Article Title||Labour law|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Author||Marlize Van Jaarsveld|
|Publication Date||Jan 2008|
|Pages||639 - 807|
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 Gordon v Department of Health: KwaZulu-Natal (2008) 29 ILJ 2535 (SCA).
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