Selected Developments in South African Labour Legislation Related to Persons with Disabilities

Basson, Yvette

doi:10.17159/1727-3781/2017/v20i0a1216

Cited by 5 publications

(11 citation statements)

References 6 publications

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“…Since the implementation of the EEA (Basson, 2017), changes towards a more inclusive, diverse and democratic workforce have been implemented (Moraka & Jansen van Rensburg, 2015). However, these changes seem to be rather 'on the surface' in terms of organisational changes and adjustment to legislative requirements (Herman, 2017).…”

Section: Introductionmentioning

confidence: 99%

Subjective experiences of employment equity in South African organisations

Oosthuizen

Tonelli

Mayer

2019

SA j. hum. resour. manag.

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Orientation: This article explores employees’ subjective experiences of employment equity (EE) within South African organisational contexts, adding diverse and in-depth insights to the post-apartheid EE discourse.Research purpose: The purpose is to hear the voices of employees of different social-cultural, racial and gender backgrounds on the experiences of EE in contemporary South African organisations.Motivation for the study: Research suggests that South African organisations are pressurised to redress past racial inequality. Understanding employees’ subjective experiences of EE adds value to the debate and provides the reader with an in-depth contemporary image of EE in post-apartheid South African organisations.Research approach/design and method: A hermeneutic phenomenological approach, within the qualitative interpretive paradigm, yielded in-depth, rich and detailed descriptions of employees’ experiences of EE in both the private and public sectors of the South African workplace.Main findings: Findings show five themes that are associated with experiences of EE within South African organisations. This study highlights differences of experiences regarding EE plans and processes based on racial background, gender and age, as well as on historical socio-cultural and racial classifications of being a member of advantaged and disadvantaged groups. The following findings are highlighted: the insight into the experiences of EE from the perspectives of the ‘born-frees’ (the differences in experiences of different age groups of employees) and the experienced discrimination of black male and female employees regarding race and the experiences of gender-based discrimination being described by black and white male employees.Practical/managerial implications: Findings show the focus of experiences of EE, the conflicting issues and what South African organisations need to focus on in terms of human resources management (HRM) and the development of employee relations across racial and gender divides. It shows which topics need to be addressed in employee development and training programmes to manage diversity constructively and effectively.Contribution/value-add: The findings can be used by human resources managers to: (1) monitor the progress towards EE competently and vigorously, (2) create awareness and communication within individuals, organisations and society regarding EE, (3) create best practices in order to benefit from EE (members of all racial, gender, cultural groups), (4) create a discourse on humanistic and reflexive HRM, and(5) implement consulting, training and development programmes in organisations that are strategically, sustainably and long-term orientated.

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Section: Introductionmentioning

confidence: 99%

Subjective experiences of employment equity in South African organisations

Oosthuizen

Tonelli

Mayer

2019

SA j. hum. resour. manag.

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“…The reports with generalised or little information on the methodology used could be due to non-participation of DPOs because of limited capacity and resource constraints. South Africa's country report corroborated that capacity and resource constraints hinder the extent to which DPOs participated in the development of the country report (Basson, 2017).…”

Section: Involvement Of Stakeholders In Preparation Of the Uncrpd Country Reportsmentioning

confidence: 86%

“…Some countries like Malawi, Zambia, Tanzania, South Africa and Nigeria have more recent legalisations that are explicit about preventing discrimination against persons with disabilities in employment; for example, the Employment Services Act of 2014 and the Discrimination Against Persons with Disabilities (prohibition) Act of 2018 in South Africa and Nigeria respectively (Basson, 2015;Virendrakumar et al, 2018). There is evidence of processes and practices of inclusive education and existing protection of persons with disabilities in the employment sector against unfair dismissal (Chataika, Mckenzie, Swart & Lyner-Cleophas, 2012;Basson, 2017;Murungu, 2015).Legislations supporting education of children with disabilities are an intrinsic part of laws and policies that seek to domesticate the UNCRPD. For example, the governments of Lesotho, Namibia, Nigeria, and Malawi have policies that address inclusive education (Chataika et al, 2012;Murungi, 2015).However, programmes supporting inclusive education in Africa, for example, the Disability-Inclusive Education in Africa Programme established by the World Bank and USAID, are mainly being implemented by non-governmental organisations and development agencies (World Bank, 2018).…”

Section: Some Legislative Amendments and Partial Implementationmentioning

confidence: 99%

“…resources are available, these resources seem to be concentrated in the urban areas, whereas the majority of persons with disabilities in Africa live in rural areas. The rights of persons with disabilities are dealt with in a fragmented fashion, often in disparate pieces of legislation (Basson, 2017) because many countries believe that they do not have the financial and infrastructural capacity to actually implement the policies (Fernandez et al, 2017). Non-profit organisations for disability fund specifically targeted services for persons with disabilities to implement aspects of the UNCRPD, but this is only to a limited extent and cannot replace the responsibilities of governments (Mwendwa et al, 2009).For example, CREATE, a non-profit organisation in South Africa, funded workshops on education and advocacy on forwarding discrimination claims in the Equality Court (Holness & Rule, 2015), while the United Kingdom Department for International Development (DFID)funded the community-based rehabilitation and mainstreaming programmes of persons with disabilities (Mwendwa et al, 2009).According to Mwendwa et al (2009), the DPOs have failed to convince the local business communities and government about the benefits of investing in persons with disabilities.…”

Section: Limited Resource Allocationmentioning

confidence: 99%

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Implementation of the United Nations Convention on the Rights of Persons with Disabilities in Africa: a Scoping Review

Chichaya

Govender

Naidoo

2022

DCID

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Aim:The UNCRPD is an international treaty that promotes the advancement of the rights of persons with disabilities. This scoping review aimed to map the evidence on strategies employed by countries in implementing the UNCRPD in Africa and the implementation challenges faced. Method:The PRISMA extension for scoping reviews (PRISMA-Scr) was used in this study. Key terms pertinent to the implementation of the UNCRPD in Africa were used to search for literature. Strict eligibility criteria were set and a qualitative data extraction template developed. Two reviewers worked independently to extract and chart data into data extraction forms. An analysis of country reports was also conducted to identify relationships between the African country reports and findings from the studies included in the scoping review. Inductive reasoning enabled the generation of themes. A total of 107 sources were initially retrieved and after a process of screening and exclusion, 31 sources (11 research papers and 20 country reports) were included for inductive analysis. Results:The study revealed evidence of implementation of UNCRPD in Africa, albeit limited, especially to the area of education, and employment. However, there are unique contextual limitations in implementation of UNCRPD in Africa. The country reports reflected similar implementation issues to those identified in studies selected for this paper.

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“…This manuscript centres around the perspectives of employees on work and organisation within the 4IR changes. As from the execution of the Employment Equity Act (EEA) (Basson, 2017), changes towards a progressively comprehensive, vote-based workforce has been actualised (Moraka & Jansen van Rensburg, 2015). These progressions appear to be 'superficial' as far as hierarchical changes and acclimation to 4IR necessities are needed (Herman, 2017).…”

Section: Introductionmentioning

confidence: 99%

At the edge of the Fourth Industrial Revolution: Employees’ perceptions of employment equity from a CIBART perspective

Oosthuizen

Mayer

2019

SA j. ind. psychol.

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Orientation: In accordance with global trends, South Africa is striving for the Fourth Industrial Revolution (4IR). Discourses of employees’ employment equity (EE) perceptions within the 4IR context are studied 25 years after apartheid.Research purpose: The purpose of the study was to understand the systems psychodynamics underneath the surface of employees’ perceptions of EE in South Africa within the context of the 4IR.Motivation for the study: South African workplaces are debated nationally and urged to compete with 4IR changes on a global level. This research focuses on employees’ perceptions of EE underneath the surface and aims at understanding employees’ perceptions through the conflict, identity, boundaries, authority, roles, task (CIBART) model.Research approach/design and method: Altogether 83 employees in 11 organisations in South Africa participated in qualitative interviews regarding their perceptions and experiences within their changing work contexts.Main findings: The findings indicate employees’ perceptions of EE in terms of conflict, identity, boundary, authority, roles and tasks of the CIBART model. The discourses highlight EE, race and gender within contemporary South Africa, and show a lack of drive to engage with the discourses of the 4IR on a global level.Practical/managerial implications: The findings show that employees and organisations in South Africa need to open up their internal discourses anchored in the country’s past to become key players in the 4IR; apartheid categories need to be overcome to develop context-specific visions and original ideas on how to create 4IR workspaces in the future.Contribution/value-add: This article emphasises the gap between national discourses and global trends in employees’ perceptions of EE and discusses transformational ideas from after apartheid to 4IR visions.

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Selected Developments in South African Labour Legislation Related to Persons with Disabilities

Abstract: In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled.

Cited by 5 publications

References 6 publications

Subjective experiences of employment equity in South African organisations

Subjective experiences of employment equity in South African organisations

Implementation of the United Nations Convention on the Rights of Persons with Disabilities in Africa: a Scoping Review

At the edge of the Fourth Industrial Revolution: Employees’ perceptions of employment equity from a CIBART perspective

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