The Employee's Right to Freedom of Religion versus the Employer's Workplace Needs: An Ongoing Battle: TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)

The right to religion is well protected in the Constitution of the Republic of South Africa, 1996 (the Constitution) as well as attendant legislation. Section 15(1) of the Constitution provides that all persons have the right to freedom of religion. Section 31(1) of the Constitution then goes on to state that persons who belong to a religious community, amongst others, may not be denied the right to practise their religion with other members of that community. Section 9(3) of the Constitution prohibits the state from unfairly discriminating against any person directly or indirectly on several grounds, which include the ground of religion. Section 9(4) of the Constitution on the other hand prohibits any person from unfairly discriminating against any other person on the ground of religion, amongst others. These constitutional protections resonate in both the Labour Relations Act 66 of 1995 and the Employment Equity Act 55 of 1998. Despite these protections, the right to freedom of religion is still a contested subject in the workplace, inter alia. The contestation intensifies when the right to freedom of religion results in an employee not being able to comply with one or more of the employer's workplace needs. Employers' who do not understand the balance that has to be struck between the employee's right to freedom of religion and its workplace needs will often find themselves on the wrong side of our labour laws if they dismiss an employee without having due regard to the employee's religion. This is what transpired in TDF Network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC).

Capacity building as a strategic tool for employment equity implementation in the financial sector

Orientation: Employment equity (EE) has gradually seeped into various levels of many organisations, from private to public companies and small to large companies, in both developing and developed countries.Research purpose: The aim of this study was to investigate the influence of capacity building on EE implementation with particular reference to the financial sector.Motivation for the study: The rise in demand for EE appointees and the lack of skills and reasonable accommodation of these employees in the workplace hamper EE implementation in South Africa. For this reason, a pool of employees from the designated groups remains stuck at the unskilled and semi-skilled skills levels.Research approach or design and method: This study utilised the exploratory research approach. In addition, the study adopted a quantitative research methodology. A sample size of 172 was considered appropriate for this study and returned usable responses were n = 95.Main findings: The key findings revealed that capacity building is imperative in promoting the implementation of EE in the workplace. Based on the findings of this study, it is undeniable that improved capacity building is a strong catalyst for executing EE.Practical or managerial implications: The findings of this study serve as a guide for decision-making and provide advice related to capacity building and implementation of EE to both business leaders and line management.Contribution or value-addition: The current study contributes new insights and builds the knowledge base on how capacity building influences EE implementation.

Rizki Arif Putra

At a time when banking is facing difficulties to make the debtor which is not problematic, UMK became an alternative credit channeling of banking. There is little industry in the city of Medan have a very strategic role, both in the Equalization of opportunities, equitable spread of the Interest of the industry that supports the development, employment equity, and aims to form indentations the Community industry is small, independent, tough, and developed into a major industry. This research aims to analyze the role of the Service industry and are experts in developing small industries in the city of Medan. This research uses descriptive qualitative approach method. Results of the study showed a number of productive activities performed by the Department of industry and experts and the weakness of the perpetrators of the small and medium industries to expand the network of ekternal.

An Exploratory Study of Diversity Statements in Canadian Academic Librarian Job Advertisements

Diversity statements signal an organization’s culture, values, and commitment to diversity and inclusion. Yet, diversity statements are often perceived as somewhat superficial “boilerplate” or basic statements created to comply with employment equity requirements, especially in job advertisements. With the objectives of understanding the presence of diversity statements in job advertisements, differences between types of libraries, and the types of diversity statements and messages contained in these statements, this study analyzed the diversity statements of 50 online job advertisements for Canadian academic librarian and archivist positions. Four types of diversity statements were identified from this study: Type 1) boilerplate; Type 2) employment equity; Type 3) diversity; and Type 4) expanded diversity management. Findings suggest most Association of Research Libraries (ARL) member institutions in Canada have expanded diversity management statements. Other findings around land acknowledgements, gender identity, and sexual orientation and others are discussed. Recommendations for further studies are included.

Canada's Employment Equity Acts and the communications industry: effective social regulation in a neo-liberal era.

"Canada's Royal Commission on Equality and Employment drafted in the early 1980s and the two versions of the Employment Equity Act it later inspired can be understood within this shift towards social regulation as defined by Nementz et. al. To appreciate how Canadian corporations are now mandated to achieve progress towards employment equity, it is critical to its history, its incarnations and its impact on corporate Canada. Curiously, while there was a sizeable amount of quantitative and qualitative research endorsing legislated employment equity written prior to the initial Act, there is only a handful of academic research evaluating its success. Academic space devoted to employment equity has existed mainly as a sidebar in a more extensive analysis of other policies such as the key works of Judy Fudge, Anver Saloojee, Patricia McDermott and Annis May Timpson which appraise employment equity, but as a benchmark against which to compare to other policies such as child care and pay equity. Through a literature review of the primary and secondary documents, which respectively shaped and critiqued the Act's two manifestations as well as case studies of communications companies, I will show that this legislation - an example of social regulation in a neo-liberal era - was particularly effective once an audit component was added."--Page 3.

Canada's Employment Equity Acts and the communications industry: effective social regulation in a neo-liberal era.

"Canada's Royal Commission on Equality and Employment drafted in the early 1980s and the two versions of the Employment Equity Act it later inspired can be understood within this shift towards social regulation as defined by Nementz et. al. To appreciate how Canadian corporations are now mandated to achieve progress towards employment equity, it is critical to its history, its incarnations and its impact on corporate Canada. Curiously, while there was a sizeable amount of quantitative and qualitative research endorsing legislated employment equity written prior to the initial Act, there is only a handful of academic research evaluating its success. Academic space devoted to employment equity has existed mainly as a sidebar in a more extensive analysis of other policies such as the key works of Judy Fudge, Anver Saloojee, Patricia McDermott and Annis May Timpson which appraise employment equity, but as a benchmark against which to compare to other policies such as child care and pay equity. Through a literature review of the primary and secondary documents, which respectively shaped and critiqued the Act's two manifestations as well as case studies of communications companies, I will show that this legislation - an example of social regulation in a neo-liberal era - was particularly effective once an audit component was added."--Page 3.

Employment equity and access to social welfare for Illegalized immigrants: an inclusive approach that also makes economic sense

The global English-language literature on the effects of illegalized migrants on the labour market is heavily influenced by American studies. While many studies have examined the lived experiences of illegalized immigrants in general, comparatively few have examined the effect of illegalized immigrants on labour markets in a Canadian and European context. The literature review reveals four main findings: 1. Increasingly restrictive policies towards immigrants and employers have adversely affected illegalized immigrants’ labour market outcomes during the past three decades. 2. Illegalized immigrants have positively affected the earnings of native-born skilled workers and negatively affect the earnings of native-born unskilled workers. The effect of illegalized immigrants on the employment rates of native-borns has been negligible. 3. Illegalized immigrants have positively affected the national-level social welfare system. The findings for illegalized immigrants’ effects on state/provincial and local-level social welfare systems are mixed. 4. Organizations have benefitted from employing illegalized immigrants whose illegality renders them vulnerable to exploitation and unable to make demands for equitable remuneration. While a direct link between increasingly restrictive policies towards immigrants, their labour market outcomes, and their utilization of social welfare systems has not yet been examined in Canada, findings from the U.S. and several European countries can inform recommendations that may be useful for industrialized countries. First, findings from these studies indicate that all levels of government should work together to create policies that include illegalized immigrants as equal members of society, rather than maintain the current system(s) that illegalizes them. This includes providing illegalized immigrants with equitable access to social welfare at federal, state/provincial, and municipal levels. Various Solidarity City movements in Canada, the U.S., and Europe could be examined, and the best practices applied to state/provincial and federal levels to begin this process. Second, all levels of government should work together to create a policy framework that mandates employers to provide equitable remuneration to illegalized immigrants. This policy should also hold employers accountable for achieving these goals. Canada's current Employment Equity Act (1995) and various state/provincial level Equality & Human Rights Legislations could be amended to protect illegalized immigrants from exploitation. Third, until illegalized immigrants are no longer exploited based on their illegality, all levels of government should fund community-based organizations to provide them with the resources they need to facilitate their inclusion into the society in which they work. By brokering relationships between exploited illegalized immigrant workers and existing labour market institutions, community organizations like the Latino Organization of the Southwest's (LOS) Economic Development Centre (EDC), located in Chicago, USA, can help improve the quality of illegalized immigrants’ jobs and thus support more positive labour market outcomes.

Employment equity and access to social welfare for Illegalized immigrants: an inclusive approach that also makes economic sense

The global English-language literature on the effects of illegalized migrants on the labour market is heavily influenced by American studies. While many studies have examined the lived experiences of illegalized immigrants in general, comparatively few have examined the effect of illegalized immigrants on labour markets in a Canadian and European context. The literature review reveals four main findings: 1. Increasingly restrictive policies towards immigrants and employers have adversely affected illegalized immigrants’ labour market outcomes during the past three decades. 2. Illegalized immigrants have positively affected the earnings of native-born skilled workers and negatively affect the earnings of native-born unskilled workers. The effect of illegalized immigrants on the employment rates of native-borns has been negligible. 3. Illegalized immigrants have positively affected the national-level social welfare system. The findings for illegalized immigrants’ effects on state/provincial and local-level social welfare systems are mixed. 4. Organizations have benefitted from employing illegalized immigrants whose illegality renders them vulnerable to exploitation and unable to make demands for equitable remuneration. While a direct link between increasingly restrictive policies towards immigrants, their labour market outcomes, and their utilization of social welfare systems has not yet been examined in Canada, findings from the U.S. and several European countries can inform recommendations that may be useful for industrialized countries. First, findings from these studies indicate that all levels of government should work together to create policies that include illegalized immigrants as equal members of society, rather than maintain the current system(s) that illegalizes them. This includes providing illegalized immigrants with equitable access to social welfare at federal, state/provincial, and municipal levels. Various Solidarity City movements in Canada, the U.S., and Europe could be examined, and the best practices applied to state/provincial and federal levels to begin this process. Second, all levels of government should work together to create a policy framework that mandates employers to provide equitable remuneration to illegalized immigrants. This policy should also hold employers accountable for achieving these goals. Canada's current Employment Equity Act (1995) and various state/provincial level Equality & Human Rights Legislations could be amended to protect illegalized immigrants from exploitation. Third, until illegalized immigrants are no longer exploited based on their illegality, all levels of government should fund community-based organizations to provide them with the resources they need to facilitate their inclusion into the society in which they work. By brokering relationships between exploited illegalized immigrant workers and existing labour market institutions, community organizations like the Latino Organization of the Southwest's (LOS) Economic Development Centre (EDC), located in Chicago, USA, can help improve the quality of illegalized immigrants’ jobs and thus support more positive labour market outcomes.

Recruited to get suited: the contemporary diversity recruitment tactics of the Canadian Military

This study includes an analysis of secondary literature on the issue of diversity in the Canadian Forces, and includes an extensive review of how employment equity regulations have impacted the Canadian military. Interviews were conducted with first generation immigrants who have joined, or are contemplating, joining the Forces, as well as with experts on diversity in the military. The purpose of the interviews was to glean experiential anecdotes, and professional knowledge about the issue of increasing the representation of visible minorities in the Canadian Forces, and the relative success of that endeavour. The intention of this research is to explore an area of research that is undeveloped outside of military-commissioned inquiry, and to provide recommendations to the government concerning how to improve the public's awareness of the military, how to address misconceptions, and the problems that deter newcomers in Canada from wanting to join.

Recruited to get suited: the contemporary diversity recruitment tactics of the Canadian Military

This study includes an analysis of secondary literature on the issue of diversity in the Canadian Forces, and includes an extensive review of how employment equity regulations have impacted the Canadian military. Interviews were conducted with first generation immigrants who have joined, or are contemplating, joining the Forces, as well as with experts on diversity in the military. The purpose of the interviews was to glean experiential anecdotes, and professional knowledge about the issue of increasing the representation of visible minorities in the Canadian Forces, and the relative success of that endeavour. The intention of this research is to explore an area of research that is undeveloped outside of military-commissioned inquiry, and to provide recommendations to the government concerning how to improve the public's awareness of the military, how to address misconceptions, and the problems that deter newcomers in Canada from wanting to join.