Overview
Chapter 11 addresses two critical aspects of Employment Equity implementation: the management of employment termination and the evaluation of organisational policies for discrimination and barriers to transformation.
Objective
To establish comprehensive guidelines for managing employment termination whilst ensuring compliance with Employment Equity legislation, and to provide frameworks for evaluating organisational policies and procedures.
Purpose
To ensure organisations manage employment terminations fairly and effectively whilst maintaining Employment Equity compliance, and to establish systematic approaches for policy evaluation and improvement.
Chapter 11 presents a comprehensive framework for managing employment termination and evaluating organisational policies within the context of Employment Equity implementation. The chapter begins by addressing the complexities of employment termination, particularly emphasising the need for careful consideration of Employment Equity implications.
The book provides detailed guidance on voluntary exit strategies, acknowledging their potential role in achieving numerical targets for employment equity. However, it emphasises the importance of careful implementation, noting three critical considerations: stakeholder consultation, industry practice alignment, and the preservation of institutional knowledge. The chapter particularly warns against the risks of losing staff members with scarce and critical skills, noting that such losses could be considered illegal and reckless under the Companies Act.
Significant attention is devoted to exit interviews, with the chapter establishing their importance as tools for gathering valuable insights into employee experiences. The book provides comprehensive guidance on conducting effective exit interviews, emphasising their role in identifying barriers to employee satisfaction and retention, instances of harassment or discrimination, and other factors contributing to termination decisions.
The chapter establishes clear guidelines for exit interview implementation, advocating for formal processes with consistent application. It emphasises the importance of allowing departing staff members to provide feedback on discriminatory workplace practices, suggesting that senior staff members skilled in information gathering should conduct these interviews. The book also proposes the alternative of using independent persons or individuals from designated groups to ensure open and honest communication.
Considerable attention is paid to the handling of exit interview information, with the chapter emphasising the importance of confidentiality whilst ensuring effective use of gathered data. It advocates for the development of periodic reports reflecting emerging trends and the identification of barriers experienced by staff members from designated groups.
The second major focus of the chapter addresses the evaluation of organisational policies and procedures for discrimination and barriers to transformation. It emphasises that all organisations, regardless of size, must maintain policies and procedures to comply with various legislative requirements and avoid legal consequences.
The book provides a comprehensive framework for policy evaluation, introducing the concepts of direct and indirect unfair discrimination. It emphasises that harassment may take various forms, including physical, psychological, passive-aggressive, online, and verbal or non-verbal manifestations. The chapter provides detailed criteria for evaluating whether workplace practices or policies constitute harassment.
Particular attention is paid to the concept of fair treatment, with the chapter distinguishing between equal treatment and equity. It emphasises that whilst equal treatment subjects everyone to the same rules without distinction, equity requires adjusting rules to ensure fair application considering personal or group circumstances.
The chapter provides a systematic approach to policy evaluation, establishing four key questions for analysis: whether policies are directly or indirectly discriminatory, their validity and job relevance, consistency of application, and legislative compliance. It emphasises the importance of formulating barrier removal measures for any identified forms of unfair discrimination.
Throughout the book, emphasis is placed on the practical implementation of these concepts, with particular attention to communication requirements. The chapter notes that the method of communication should align with organisational culture and typical communication patterns, emphasising the importance of accessibility for all employees.
This comprehensive treatment of employment termination and policy evaluation provides organisations with clear guidance for implementing fair and effective practices whilst maintaining employment equity compliance. The chapter’s practical approach, combined with its thorough coverage of requirements, makes it an essential resource for human resources practitioners and employment equity implementers.
The chapter succeeds in providing both theoretical understanding and practical implementation guidance, ensuring organisations can effectively manage employment terminations whilst maintaining fair and equitable practices. Its systematic approach to policy evaluation provides practitioners with valuable tools for identifying and addressing potential barriers to transformation.
Read more: Chapter 12
Implementing Employment Equity. Available on paperback
