Acts Online
GT Shield

Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter III : Affirmative Action

16. Consultation with employees

 

(1) A designated employer must take reasonable steps to consult and attempt to reach agreement on the matters referred to in section 17—
(a) with a representative trade union representing members at the workplace and its employees or representatives nominated by them; or
(b) if no representative trade union represents members at the workplace, with its employees or representatives nominated by them.

 

(2) The employees or their nominated representatives with whom an employer consults in terms of subsection (1)(a) and (b), taken as a whole, must reflect the interests of—
(a) employees from across all occupational levels of the employer's workforce;

[Paragraph (a) amended by section 8 of Act No. 47 of 2013]

(b) employees from designated groups; and
(c) employees who are not from designated groups.

 

(3) This section does not affect the obligation of any designated employer in terms of section 86 of the Labour Relations Act to consult and reach consensus with a workplace forum on any of the matters referred to in section 17 of this Act.