Transformation - Employment Equity presentation by Bonang Mohale, Chairman and Vice President of Shell South Africa Energy Limited at the 2013 Mining Lekgotla. 28 August 2013

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Transformation: Employment Equity
__________________________
Mining Lekgotla Conference
28 August 2013

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April 2013
Content
1. Employment Equity Regulatory Framework
2. Understanding Employment Equity Basics
3. Best Practice
4. New direction
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April 2013
Employment Equity Regulatory Framework
1998
1999
2000
2001
2002
2003
2004
2005
2006
Time
line
BEE
Commission
report
Mar 2001Broad-Based
BEE Strategy
2002
Broad-Based
BEE Act
Nº 53, 2003
BEE Codes of
Good Practice
Feb 2007
Department of
Trade & Industry
Preferential
Procurement
Policy Frmwrk Act
Nº 5, 2000
Constitutional Mandate:
Section 9 of the Bill of Rights –Promotion of Equality
Influenced
content
BEE
Charters
in other
Industries
Department of Labour
Employment
Equity Act
Nº 55, 1998
Promoting equal opportunity and
fair treatment in the workplace
Different
departments
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April 2013
Objective of the Act
 Promoting equal opportunity and fair treatment in employment
through the elimination of unfair discrimination
 Implementing affirmative action measures to redress the
disadvantages in employment
Affirmative action measures
 Identify and remove barriers
 Further diversity
 Make reasonable accommodation
 Measures to ensure equitable representation of suitably qualified
people
 Measures to retain, train and develop skills
Understanding Employment Equity Basics
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April 2013
Who is affected?
 Designated groups
 Black people (African, Coloured, Indian)
 Women
 People with disabilities
 Designated employers
 Employers with 50 or more employees
 Firms with turnover equal to or above the annual small business
turnover (Schedule 4)
 Municipalities
 Organs of state designated by President
 Employers bound by collective bargaining agreement
Understanding Employment Equity Basics
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April 2013
What are Employer duties?
 Consult employees
 Conduct analysis and prepare profile
 Prepare EE plan
 Implement EE plan
 Report to the Department
Understanding Employment Equity Basics
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April 2013
Leadership
 CEO and executives to drive transformation.
 Not just numerical targets, but culture and performance.
 Lead from the top ~ actions speak louder than words.
 Appointment of Gender and Disability Focal Points
 Proper KPI’s with clear accountability/consequence for failure to
achieve
Best practice
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April 2013
Attraction and retention of black people, women and people with
disabilities
 Talent can be sourced through the creation of an external network of
black people, PWD (people with disabilities) and women who are
regarded as high flyers.
 Can leverage relationships with organisations like the Black
Management Forum.
 Having networking events where they are invited to experience your
company.
 Retention does more to achieve EE targets.
 Implement performance management which rewards good
transformation and punishes non-compliance.
Best practice
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April 2013
Creation of a more conducive environment
 People must at all times be managed in a way that is fair and
equitable.
 EE training to form an integral part of creating awareness and
understanding amongst all staff.
 HR to pre-empt resignations which are caused by frustration about
the environment.
 Ongoing dialogue on sensitive issues and feedback to all staff.
Best practice
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People development
 The learning and development requirements of people from
designated groups should be managed the same as for all
employees.
 But they must be given preference for the company to achieve its
transformational goals.
 A structured graduate rotation programme helps to grow the skills in
relevant areas.
 Skills development programs aligned to support EE targets.
 Coaching & mentoring.
Best practice
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April 2013
 Draft B-BBEE Codes of Good Practice
 Management Control and Employment Equity are merged.
 The merged Management Control includes Senior Management
and Middle Management
 The compliance targets for Management Control are aligned to
the Commission for Employment Equity report
 Junior level category taken out
 Employment Equity Amendments Bill published on 19 October 2012
 The Bill seeks to rectify anomalies and clarify uncertainties that
have arisen out from the interpretation of the EEA in the past
decade.
New Direction
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