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Workshop Two: Ensuring full EE Plan Practical Compliance and EE Sustainability

An opportunity to learn how to apply EE Best Practice to ensure full EE compliance, prepare for a D-G review and minimise your EE fine risk. The workshop also covers the recent EEA4 amendments and EEA2 Reporting.


This workshop will provide you with a thorough understanding of your organisation’s EE Act obligations. Furthermore, the workshop will show you how to conduct the Section 19 Analysis, how to develop the EE Plan and how to discharge your organisation's consultative obligations.

The workshop will deal with:

  • The EE Act as amended
  • The recent EEA4 Amendments and preparing for 2019
  • Preparing for your 2019 EEA2 Reporting
  • The EE Act Amendment Bill 2018
  • How to conduct Section 19 analysis and draw a compliant EE Plan with practical exercises, templates and examples
  • How to prepare for a D-G Review
  • EE Best Practice
  • How to use the EE Act as a strategic lever
  • How to ensure proper
    • EE planning;
    • EE governance;
    • Management ownership;
    • Monitoring and evaluation; and
    • Implementation

Failure to comply (fully) with the EE Act's EE Plan and its implementation requirements can result in a fine equal to 2% of turnover.

According to the latest DoL press releases on the issue, the D-G had found 50 out of 72 JSE companies reviewed to have non-compliant EE Plan or EE Analyses, etc. of which 41 Companies were issued with D-G recommendations, and nine have been taken  to the Labour Court to be fined. Furthermore, total fines of R140m had been paid or were in the process of being paid following Court action, with another at least R135-million being pursued.

Areas of non-compliance included:

  • Lack of properly constituted Consultative Forums.
  • Employers preparing EE plans that are not informed by a proper audit and analysis.
  • Assigned Senior EE Managers being junior staff who do not have the necessary authority or resources to execute their mandate as required by Section 24.
  • EE Plans prepared do not comply legislative requirements.
  • EE Reports (EEA 2) as required by Section 21 are not informed by an EE Plan and submitted to the Director-General without proper consultation.
  • There are no communication strategies in place to inform the employees of the EE Act and failure to keep records as required.
All the above areas of non-compliance will be addressed at the workshop.

Why attend?

This two-day workshop will equip you with the necessary knowledge and tools to ensure full compliance of the EE Act’s EE Plan and EE Reporting requirements post amendments, and prevent multi-million rand fines and/or being blocked access to Government work.

Who should attend this workshop?

Any persons responsible for the EE Plan or EE Reporting compliance, and EE Committee/Forum members.

Programme

Day 1: 20 November 2019

07.30-08.30 Tea and coffee

08.30-10.30

  • Welcome and introduction
  • Participants’ course expectations
  • The EE Act and its amendments: understanding, inter alia:
    • Definitions as amended
    • The purpose of the EE Act
    • Unfair Discrimination including Equal Pay for Equal Work
    • Affirmative Action
    • Occupational Levels
    • Suitably Qualified Persons
    • How to set Goals so as to make progress in the achievement of equitable representation of Suitably Qualified Persons
10.30-11.00 Tea and coffee

11.00-12.30

  • The EE Act and its amendments (cont):
    • The duties of the employer:
      • Consultation
      • The requirements of the Section 19 Analysis
      • The requirements for a compliant EE Plan
      • Implementation, monitoring and evaluation
      • EEA2 and EEA4 Reports
    • Legal enforcement and fines applicable to non-compliant employers
  • The 2018 EE Act Amendment Bill
  • Understanding what an employer needs to do in practice to comply:
    • Workforce Profile Analysis and Numerical Goals
      • Reviewing of grade and EEA 9 allocations
      • Verification of race, gender, Foreign nationality and disability
      • Workforce Profile Analysis
      • Objectives of EE Goal setting
12.30-13.30 Lunch

13.30-15.00

  • Understanding what an employer needs to do in practice to comply (cont):
    • Barrier Analysis
      • Rationale and assumptions of EE Act’s requirement
      • What the EE Act requires to be analysed
    • Identifying Barriers in Policies, Procedures, and Practices
      • Understanding
        • What needs to be analysed?
        • Who should be involved?
        • The process that needs to be followed
        • What constitutes barriers in Policies and Procedures?
        • What needs to be analysed in identifying barriers in Practices?
        • Methodology to be applied in identifying barriers
        • What the barriers analysis outcomes should like
      • Practical exercise to improve understanding of what to look for when identifying barriers in Policies, Procedures and Practices
    • Identifying Barriers in Working Environment (inclusive of Corporate Culture and Diversity Inclusion)
      • Understanding
        • What needs to be analysed?
        • Who should be involved?
        • The process that needs to be followed
        • What constitutes a barrier in the Working Environment?
        • Methodology to be applied
        • What the barriers analysis outcomes should like
      • Practical exercise to improve understanding of what to look for when identifying barriers in the Working Environment
    • Verification of barriers identified
    • Consolidated Report and Recommendations (sample)
15.00-15.15 Tea and coffee

15.15-17.00

  • Understanding what an employer needs to do in practice to comply (cont)
    • Reinforcement of applying the EE Act’s requirements to EE Goal setting
    • Combining technology and workforce planning to set realistic and achievable EE Goals
    • Strategies to ensure their achievement
      • Holding line Managers accountable
      • EE Goals Management Policy
      • Other strategies

Day 2: 21 November 2019

07.30-08.30 Tea and coffee

08.30-10.30

  • Understanding what an employer needs to do in practice to comply (cont)
    • AA Measures and Non-Numerical Goals
      • The relationship between barriers findings and the development of AA Measures
      • Practical examples and exercises by subject-matter experts that will improve understanding of the development and formulation of AA Measures and Non-Numerical Goals
    • Determination of time frames and responsibilities
    • The EE Plan
      • Introduction to EE Plan
      • Inclusion of what has been done so far
      • Monitoring and evaluation procedures
      • Dispute Resolution Procedures
    • How to complete the amended EEA4 Report
    • How to complete the EEA2 Report
10.30-10.45 Tea and coffee

10.45-12.45

  • Preparing for a D-G Review
    • Process followed by DoL
    • What they require you to produce
    • What you should be keeping records of
    • How to respond to a D-G Review
    • Problems encountered during D-G reviews and how to best deal with them
  • EE Best Practice
    • What is EE Transformation all about?
    • Relationship between Human Resource Development and Management, Organisational Transformation, and Diversity Inclusion and Employment Equity
    • Using the EE Act’s compliance obligations as a strategic lever
    • The key to Human Resource Development and Management
    • The key to Organisational Transformation
    • EE Best Practice objectives required for the effective implementation of EE
12.30-13.30 Lunch

13.30-15.00

  • What needs to be done in the conducting of EE Audits when using the EE Act’s obligations as strategic lever
    • Incorporating the Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices in the Audits
      • Further aspects to be included in Barriers Analysis
      • Using the Code in identifying barriers
    • Identifying Barriers with reference to Best HR Practice and Code
    • Identifying Barriers by the examination of documentation generated by Line Managers
      • Documentation to be examined
      • Process to be followed
      • Report to include Committee Barriers Analysis
    • In-depth Best Practice Diversity and inclusion Audits
15.00-15.15 Tea and Coffee

15.15-17.00

  • Ensuring Proper Planning, Governance, Management Ownership, Monitoring and Implementation of EE
    • Proper planning of approach to EE transformation and Act compliance, and how EE is to monitored and managed
    • EE Best Practice Framework Model
    • Composition and establishment of EEC
    • The need for (an) EE Management Structure(s), their role and function
    • Obtaining CEO’s Buy-in, and implementation of Policy and Procedure
    • The role of EE Reporting Templates in Managing EE
    • Aspects to be included in a Best Practice EE Policy and Procedure
    • EE Reporting Templates
    • Monitoring, Evaluation, Communication and Reporting
    • Institutionalisation of EE Management
  • How technology and EE Goals Management principles can be used to manage the achievement of EE Goals
  • Evaluation and closure

Workshop One: Align your EEDT to the SABPP Employment Equity Diversity and Inclusion Standard

Workshop Two: Diversity Inclusion Masterclass: The Art of Creating Disruptive Shifts and Crafting Inclusive Cultures