'n Geintegreerde diensbillikheidsmodel vir Suid-Afrika

Abstract

In this thesis an integrated employment equity model for South Africa is introduced. Through a legal comparative study of employment equity systems in leading Western countries, accountable employment equity dogmas and principles are identified. The employment equity dispensation in South Africa is verified from a utilitarian point of departure, against these employment equity dogmas and principles. Shortcomings are pointed out accordingly. The utilitarian approach in this thesis supports the "political and ethical theory that the aim and criterion of all political actions should bring about the greatest possible happiness to the greatest possible number of people". The employer defences to be raised in complaints of alleged employment discrimination are also investigated in this thesis. The legitimisation of discrimination (direct or indirect) is shown in this thesis to be found in the absence of disparate treatment or disparate impact. Business Necessity, as the primary defence in any unfair employment discrimination complaint, is investigated in a legal comparative manner, and proposed as an international accountable defence in the South African context. The integrated employment equity model contains recommendations regarding the formulation of new equity legislation for South Africa, which includes legislative recommendations on: • Race equity in the workplace; • Gender equity in the workplace; and • Pay equity. The integrated employment equity model also contains a practical application of the employment equity dogmas and principles, as investigated in the legal comparative study. Definition of utilitarianism as freely translated from HA T, Verklarende Handwoordeboek van die Afrikaanse Taal, Odendal FF et aI, Perskor, 1994: Midrand.