QUESTION 2

Sbu-On-the-Wireless (SOW) employs a hundred employees, half of whom are males, and another half are females. The main business of SOW is advertising, news reading, talk shows and entertainment. In line with the affirmative action goals set out in the EEA, all the designated employers must develop an employment equity plan to ensure equality in the workplace. Answer the following questions:

(a) (i) Who are 'designated employers' for the purpose of affirmative action? (10)

(ii) Does SOW fit the description of the designated employer and why? (2)

(iii) Distinguish between the formal approach to equality and the substantive approach to equality? (6)

(b) Assume that Angela, a very experienced newsreader, retires and, in her place, SOW puts, Chantel, a new graduate from UNISA with no experience, but on the terms and conditions that are more lucrative than Albert and 20 other employees with comparably the same experience as Angela. When asked why experienced employees were ignored over Chantel, SOW simply stated that, 'she is young and has a future ahead of her'. Albert and others think that SOW's conduct amounts to a prohibited and unfair 'employment practice or policy'. Which 'employment practices or policies' are regarded as unfair and prohibited against the employees in terms of the EEA? (7) [25]