DEFINITIONS
These definitions reflect the legal meanings of the terms. They include definitions taken from relevant Acts and Codes of Good Practice issued by government departments, and are
offered to assist in interpreting the legislation. There is no implication that they are the only meanings of the terms.
AFFIRMATIVE ACTION
This term refers to measures
designed to redress the educational, training and job opportunity disadvantages
that members of designated groups (employees or potential employees) have
experienced. The goal of affirmative action is to facilitate the equitable
representation of designated groups at all occupational levels and in all
categories in the company.
ASSESSMENT
Assessment is the process of
identifying, gathering and interpreting information about a learner's
achievement, as measured against unit standards for a particular phase of
learning. It involves four steps:
- Generating and collecting evidence of achievement
- Evaluating this evidence against the outcomes
- Recording the findings of this evaluation
- Using this information to assist the learner's
development and improve the process of learning and teaching.
BLACK ECONOMIC EMPOWERMENT
BEE is an integrated and coherent
socioeconomic process that directly contributes to the economic transformation
of South Africa and brings about significant increases in the numbers of black
people who manage, own and control the country’s economy, as well as
significant decreases in income inequalities.
The BEE process includes elements of
human resource development, employment equity, enterprise development,
preferential procurement as well as investment, ownership and control of
enterprises and economic assets by black people.
COMPETENCE
The term refers to the
ability to do a job to the required standards. It implies that an individual
appropriately applies her/his skills, knowledge, personal strengths and
abilities, and other qualities.
A competence is an outcome
of the application of skills, knowledge and experience to a job function.
Competence is a demonstration of the practical application of skills, knowledge
and understanding against a nationally determined set of criteria, and the
ability to transfer this knowledge and these skills and understandings to new
situations and environments.
DESIGNATED GROUPS
The Employment Equity Act
identifies black people (Africans, Indians and Coloureds), women and people
with physical and mental disabilities, as groups designated for affirmative
action.
DISCRIMINATION IN EMPLOYMENT
Discriminating in the
employment situation implies treating employees differently. This is often
necessary, for example, when selecting some employees for a training course and
not others, but the grounds on which the discrimination is done can make it
either fair or unfair.
All employees and applicants
for employment are protected by law from unfair discrimination by any
employment policy or in practice. Where the employee or job applicant can show
that unfair discrimination may have occurred, the onus is on the company to
establish that the discrimination was fair.
Direct unfair discrimination occurs when an employee or job applicant is treated
less favourably on one or more grounds that are irrelevant to the job, with the
result that that individual or group is disadvantaged. An example of direct
unfair discrimination is a selection decision based on the assumption that a
woman, because of her gender, cannot do a job that requires an understanding of
how machines work.
Indirect unfair
discrimination occurs where criteria
are applied which appear neutral, but impact disproportionately on certain
groups of people. It occurs most commonly where tests or qualifications are
specified, for example when there is a requirement that all applicants for
employment have Grade 12 (Matric).
Fair discrimination ccurs
where the employer:
- Takes affirmative measures that are consistent
with the company’s affirmative action plan
- Prefers or excludes any individual on the basis
of the inherent requirements of the job.
Employers may not unfairly
discriminate either directly or indirectly against any employee on any one or
more of the following grounds:
- Race: Population groups, as classified under the
Apartheid system
- Gender: Cultural beliefs about how men and women
should behave
- Sex: Whether a person is biologically male or
female
- Pregnancy: The period when a child is developing
in the womb and the period immediately afterwards, when the mother is
recovering from the birth and the child requires the full-time attention
of a parent
- Marital status: Whether or not a domestic
relationship is legalised by a civil contract
- Ethnic or social origin: The country a person
comes from, or the class he/she belongs to
- Colour: Whether a person’s skin is light or dark
- Sexual orientation: Whether a person enjoys
sexual activities with persons of the same or opposite sex, or both
- Age: All ages, from childhood to old age
- Disability: Disadvantages suffered by
individuals with serious chronic physical and mental conditions
- Religion: All established religions and
spiritual beliefs
- Conscience: A person’s sense of right and wrong,
provided it does not conflict with any laws
- Belief: Values and cultural, religious or other
firmly held beliefs
- Culture: How a person has been taught to behave,
dress, eat, etc and beliefs about the right way of doing things
- Language: A person’s home language
- Birth: Any advantage or disadvantage resulting
from the family, background, country, economic situation, etc one is born
into
- HIV status: Whether or not an individual is HIV
positive. If an individual is HIV positive, it also refers to the stage of
the disease
- Family responsibility: The responsibilities a
person has at home, including responsibilities for children, aged parents,
or a disabled or ill partner
- Political opinions: Beliefs about the way in
which the country is being or should be governed. This may include beliefs
about power relationships between groups, for example between men and
women, managers and subordinates.
DISABILITY
The scope of protection for
people with disabilities in employment focuses on the effect of a disability on
the person in relation to the working environment, and not on the diagnosis of
the impairment.
Individuals are considered
to be disabled if they suffer from a long-term or recurring physical or mental
impairment that substantially limits their prospects of entry into or
advancement in employment. Only people who satisfy all of these criteria are
considered to be persons with disabilities.
Long-term or recurring impairment
Long-term means the impairment has lasted or is likely to persist for at least
twelve months. A recurring impairment is one that is likely to occur again and
to be substantially limiting (see below). It includes a constant underlying
condition, even if its effects on the person fluctuate.
Progressive conditions are
those that are likely to develop, change or recur. People living with
progressive conditions or illnesses are considered as having a disability once
the impairment becomes substantially limiting. Progressive or recurring
conditions which have no overt symptoms or which do not substantially limit a
person are not disabilities.
Physical or mental impairment
Physical impairment is the
partial or total loss of a bodily function or part of the body. It includes
sensory impairments such as being deaf, hearing-impaired or visually impaired,
and any combination of physical or mental impairments. Mental impairment is a clinically recognised
condition or illness that affects a person's thought processes, judgement or
emotions.
Substantially limiting
impairment
An impairment is substantially limiting if, in the absence of reasonable
accommodation by the company, a person would be either totally unable to do a
job or would be significantly limited in doing the job. Some impairments are so
easily controlled, corrected or lessened, that they have no limiting effects.
For example, a person who wears spectacles or contact lenses does not have a
disability (unless even with spectacles or contact lenses the person's vision
is substantially impaired).
An assessment of whether or
not the effects of impairment are substantially limiting, must consider whether
medical treatment or other devices would control or correct the impairment so
that its adverse effects are prevented or removed.
Certain conditions or
impairments are not considered to be disabilities. These include (but are not
limited to):
- Sexual behavioural disorders that go against
public policy
- Self-imposed body adornments such as tattoos and
body piercing
- Compulsive gambling, or the tendency to steal or
light fires
- Disorders that affect a person's mental or
physical state if they are caused by current use of illegal drugs or
alcohol, unless the affected person is participating in a recognised
treatment programme
- Normal deviations in height, weight and strength
- Conventional physical and mental characteristics
and common personality traits.
EMPLOYEE
An employee is any person,
including a supervisor, manager, senior manager or director and excluding an
independent contractor, who does work for the company and is entitled to remuneration.
Permanent employee: Employees who are recruited to fill a specific
position for an undefined period. They may be full-time or part-time employees.
Casual employee: A person who is employed for not more than 24 working
hours per week. If ‘temps’ are employed to fill positions for periods of longer duration, they will be treated as fixed-term employees.
Temporary employees(fixed-term employment): Persons
recruited to fill a specific position for a defined period or to complete a
specific project or task. Temporary staff are often employed by a recruitment
agency which acts as a labour broker and "subcontracts" temporary
employees to the company.
Independent contractor(consultant): Persons recruited to
complete one or more specific projects or tasks. Independent contractors are
normally registered with the South African Revenue Service as provisional
taxpayers and they usually also work for other clients, often while working for
the company. Until the contrary is proved, a person who does work for the
company is presumed (regardless of the form of the contract) to be an employee
if the way the person works and/or the person’s hours of work are subject to
the control or direction of the company.
EMPLOYMENT EQUITY
The term refers to the promotion
of equal access to opportunities and of fair treatment for all employees
through the elimination of all forms of unfair discrimination in the employers’
policies and practices.
FAIR TREATMENT
Fairness refers to the
reasonable treatment of employees by managers and supervisors in a way that
includes consistency in the application of rules and regulations, just and
unbiased actions, the establishment and implementation of reasonably
substantiated criteria and accountability for decision making.
LEARNER
A learner on a learnership
may be an existing employee or a new appointee. A learnership contract is
entered into by three parties: The company, the education/training provider and
the learner.
Any existing employee may
enter into an agreement with the company to become a learner on a learnership.
The learnership contract will not change the existing working conditions of the
employee.
A learner who is not an
existing employee will be appointed for the duration of the contract only,
without any implication of an offer of employment when the contract has expired
or is terminated.
LEARNERSHIP
A learnership is a formal
educational qualification designed along the lines of an apprenticeship. It
applies to all fields of study and qualifications in respect of all areas and
levels of work. It has both an educational component and a work experience
component. The design and creation of both components of learnerships require
the expertise of professional educationalists.
If a company participates in
the implementation of a learnership programme, it could attract government
funding to subsidise or cover its costs. Implementation of a learnership by a
company is controlled by the requirement of a formal contract that complies
with legislation and is agreed to by all three parties involved: The learner,
the educational institution and the company.
LEARNING INTERVENTION
A learning intervention is
any activity or process that results in learning. Interventions can include
training courses, educational programmes, self-teaching, on-the-job coaching,
informal and non-formal education and training, etc. Any approach aimed at
achieving competence can be regarded as a learning intervention.
PROBATION
This term refers to a trial
period before an appointment or promotion is confirmed. The period is normally
three or six months but it could be longer - depending on the level of
complexity and/or responsibility inherent to the job, compared to the existing
level of competence of the employee.
The details of the
probation, including any salary increase that may be associated with a
successful outcome of the probation, must be agreed in advance by the employer
and the employee. The terms of the agreement must be included in the contract
of employment.
A probation arrangement
requires that performance and/or learning objectives be clearly stated, that
one or more time periods for achieving the objectives be set, that resources
and support mechanisms be provided to assist the individual in achieving the
objectives, and that objective measures of achievement be applied. It must also state the consequences to the
employee of failure to achieve the objectives within the given time frame.
Consequences may include dismissal or demotion.
PROMOTION
Promotion means development
and movement towards a higher job grade. An employee who has been formally
identified through the performance management process as having the potential
to perform competently in a more responsible job or more senior position, may
be developed and progressed to that more responsible or senior level.
Development for a specific
job is inappropriate because of the fast rate of change and the potential
unrealistic expectation that the recruitment process may not be applied.
Promotion does not replace
or bypass the internal recruitment process.
Promotion is carried out to
support succession planning, as well as to retain and maximise the use of good
employees. It involves one or more of the following actions:
- The gradual addition of responsibilities by
delegation, until the employee’s job has changed enough to be redefined
and possibly re-graded, and the remuneration benefit in respect thereof to
be reviewed and possibly increased
- A planned process of exposure to one or more
jobs, departments and/or locations as a trainee in preparation of
performing at a more senior level or applying for a more senior job -
should one become available
- Education, training and development for a
specific career path
PSYCHOLOGICAL CONTRACT
Organisations have certain
goals with which the individual employee has to identify and which must be
achieved. However, individuals also have certain expectations with regard to
their job satisfaction and career. The psychological contract is the
recognition that the individual and the organisation have an equal
responsibility towards each other for the reasonable achievement of both sets
of goals.
REASONABLE ACCOMMODATION
There are several instances
in the labour laws where an employer is required to identify and explore various
options and make an added effort to accommodate any special needs an employee
may have and/or to avoid discriminating unfairly.
The requirement to make
reasonable accommodation is a serious one which could, at times, cause an
employer to carry the extra costs associated with transformation. Cost should
not be the only criterion for deciding that an accommodation is not reasonable.
However, the employer is not required to take an action that is detrimental to
the business or the survival of the company, or that is contrary to business
objectives.
Reasonable accommodation
of persons with disabilities
The aim of accommodation is
to reduce the impact of the impairment on the person's capacity to fulfil the
essential functions of a job. Employers may adopt the most cost-effective means
that are consistent with effectively removing the barrier to a person being
able to perform the job, and to enjoy equal access to the benefits and
opportunities of employment.
Reasonable accommodation
applies to applicants and employees with disabilities and may be required:
- During the recruitment and selection processes
- In the work environment
- In the way work is usually done, evaluated and
rewarded
- In the benefits and privileges of employment.
The obligation to make reasonable
accommodation may arise when an applicant or employee voluntarily discloses a
disability, related accommodation need or when such a need is reasonably
self-evident to the employer. Employers must also accommodate employees when
work or the work environment changes or the
employee’s impairment varies, thus affecting the employee's ability to perform
the essential functions of the job.
The employer should consult
the employee and (where practicable) technical experts to establish appropriate
mechanisms to accommodate the employee. The particular accommodation will depend on the individual, the
impairment and its effect on the person, as well as on the job and the work
environment.
Reasonable accommodation may
be temporary or permanent, depending on the nature and extent of the
disability. Examples of reasonable accommodation include:
- Adapting existing facilities to make them
accessible
- Adapting existing equipment or acquiring new
equipment (including computer hardware and software)
- Reorganising work stations
- Changing training and assessment materials and
systems
- Restructuring jobs so that non-essential
functions are re-assigned
- Adjusting working time and leave
- Providing readers or sign language interpreters
- Providing specialised supervision, training and
support.
The employer need not
accommodate a qualified applicant or an employee with a disability if this
would impose an unjustifiable hardship on the business of the employer.
Unjustifiable hardship is any action that requires significant or considerable
difficulty or expense, and that would substantially harm the viability of the
enterprise. This involves considering the effectiveness of the accommodation
and the extent to which it would seriously disrupt the operation of the
business.
RECOGNITION OF PRIOR LEARNING
Recognition
of prior learning refers to a process for giving credit to what learners
already know and can do, regardless of whether this learning was achieved
formally, informally or non-formally.
The assessment process is
used to recognise job competence that has been gained by experience, through
assessing the individual employee’s quality of integration of education,
training, coaching, mentoring and life skills.
The
purpose of RPL is to:
- Identify what the
candidate knows and can do
- Match the candidate’s
skills, knowledge and experience to specific unit standards and exit-level
outcomes or qualifications
- Assess the candidate
against those standards
- Credit the candidate
for skills, knowledge and experience built up through formal, informal and
non-formal learning that occurred in the past.
RPL
can be applied to:
- Personal development
- Certification
- Access to further
learning
- Promotion
- Career change
RECRUITMENT
Recruitment is the process
of advertising vacant positions for temporary as well as permanent staff, in
order to gather as large a pool of applicants as possible from which to select.
This step has often been poorly executed or neglected in the past and it has
led to unfair discrimination in selection. The Employment Equity Act requires
that recruitment be properly carried out in order to ensure that members of the
designated groups are included in the selection process.
Internal recruitment
The term means that job
vacancies are advertised initially to existing employees only and that job
applicants from outside the company are sought only if an internal applicant
cannot be found after a reasonable attempt has been made. The advantage of
internal recruitment is that it can be used as a tool to promote and retain
good employees with the potential to develop.
recruitment, selection
and resignation process, the notice period and appointment process for an
internal recruitment are exactly the same as for an external recruitment.
Internal applications should
be treated with respect and sensitivity. An internal application provides an
opportunity to offer an employee career guidance and to retain a good employee
even if his/her application is unsuccessful. All employees should be
interviewed and given feedback. Unsuccessful employees should be given a clear
indication of why they were unsuccessful, as well as how to prepare themselves
to improve their chances in the future.
External recruitment
The term means that job
vacancies are advertised in the open labour market through recruitment agents
or direct advertisements. Whether or not the recruitment is carried out by the
company or by an agent, the employer is obliged to ensure that jobs are
advertised in such a way and in such media as to attract applications from
members of those groups designated for affirmative action.
SKILLS PROGRAMMES
These are learning
interventions (including training, assignments, practice, etc) that are based
on unit standards and by means of which an individual can accumulate credits
towards attaining one or more qualifications.
STRATEGIC PLANNING
The term refers to the plans
the company makes to achieve the goals related to its mission. These goals are
very vulnerable to changes in the environment in which the company operates.
This operating environment includes economic, political, technological, legal,
market and competitive trends and forces.
Strategies are broad plans
to take advantage of the opportunities provided by changes in the operating
environment and to avoid any threats that may arise from changes in the
operating environment.
STUDY
A course of study for which
study assistance may be requested could be a skills programme, a learnership, a
course or a qualification that meets the following criteria:
- It has a direct and/or primary relationship to
the employee’s career development
- It has an indirect and/or secondary relationship
to the requirements of the employee’s current job
- It is initiated independently by the employee
- It will not be monitored by the performance
management process.
TRAINING
The term refers to a skills
programme, learnership, course or qualification that meets the following
criteria:
- It has a direct and/or primary relationship to
job, departmental and/or company requirements
- It has no relationship or an indirect and/or
secondary relationship to the career development of the employee
- It is initiated by either the manager or the
employee
- It is to be monitored by the performance
management process and may have emanated from the performance management
process.
It may also be an agreed and
authorised part of a formal succession-planning programme.
UNIT
STANDARDS
These are national,
registered standards that are the building blocks of professional certification
for a job or career. These standards can be used to recognise prior learning
and to prepare a training curriculum or other learning intervention.
There are three types of unit standard:
- Fundamental – learning that forms the grounding
or basis needed to undertake the education, training or further learning
required in obtaining the qualification
- Core – compulsory learning required in
situations which are contextually relevant to the particular qualification
- Elective – a selection of additional credits at
the level specified by the National Qualifications Framework, from which a
choice may be made to ensure that the purpose of the qualification is
achieved.
