The Department of Employment and Labour (DEL) is actively conducting inspections to ensure compliance with the Employment Equity Act (EEA).

As part of this process, designated employers may receive a Confirmatory Notice – Failure to Implement the Approved EE Plan if they have not met the required obligations, including the EAP targets.

What is a confirmatory notice?

A Confirmatory Notice is a formal notification issued by the DEL to a designated employer indicating non-compliance with their Employment Equity (EE) Plan.

This notice serves as a warning that the employer has failed to implement the agreed-upon EE measures and must take necessary action to avoid further legal consequences.

 

What triggers a confirmatory notice?

A Confirmatory Notice may be issued if an employer:

• Has not developed or implemented an approved EE Plan.
• Fails to show reasonable progress towards achieving employment equity targets.
• Does not provide sufficient documentation to support compliance efforts.
• Lacks evidence of consultation with employees regarding employment equity matters.

What should a designated employer do upon receiving a confirmatory notice?

If an employer receives a Confirmatory Notice, they must respond within the stipulated timeframe by submitting relevant documentation and justifications to the Labour Inspector.

The following steps are recommended:

1. Review the notice

Carefully examine the notice to understand the specific non-compliance areas identified by the Inspector.

2. Compile supporting documentation

The employer should submit evidence demonstrating compliance or reasonable justifications for delays. This may include:

• A copy of the approved EE Plan.
• Records of employment equity consultations with stakeholders.
• Evidence of recruitment and promotion efforts aligned with EE goals.
• Proof of challenges encountered in implementing the EE Plan (e.g., economic downturn, restructuring, load shedding, water shedding, skills shortages, etc).

3. Provide justifiable reasons

If an employer has been unable to fully implement the EE Plan, they should submit a written explanation citing:

• Business constraints such as financial limitations or economic challenges.
• Delays caused by external factors (e.g., industry-wide skills shortages).
• Steps taken to rectify the identified non-compliance.

4. Engage with the Inspector

Employers should engage constructively with the Inspector by requesting further guidance, if necessary, and outlining a clear action plan for addressing any outstanding compliance issues.

5. Commit to corrective action

Where non-compliance is valid, employers must demonstrate a commitment to rectifying the issues by implementing corrective measures and updating the DEL on their progress.

Consequences of non-Compliance

Failure to address the Confirmatory Notice may result in:

• The issuance of a Compliance Order by the DEL.
• Referral of the matter to the Labour Court for enforcement.
• Potential fines and penalties imposed on the employer.

How EECMS can assist

EECMS specialises in guiding employers through the Employment Equity Act and ensuring compliance with all regulatory requirements.

Our expert team can assist with:

• Reviewing your EE Plan for compliance.
• Preparing responses and supporting documentation for Labour Inspectors.
• Conducting internal audits to assess EE progress.
• Advising on justifiable reasons and corrective action plans.

Contact us today for expert guidance on Employment Equity compliance and to ensure your organisation meets all legislative requirements.