The impact of the constitution on employment relations with particular reference to affirmative action

Abstract

This study takes an in depth look at the constitutional and legislative changes that led to the development of labour laws and the subsequent implementation of affirmative action measures in South Africa. The central question of this study is to investigate whether affirmative action is reverse discrimination or another form of apartheid in disguise as viewed by the white community. The study reveals that though the Employment Equity Act intends to achieve equality in the workforce, through the implementation of affirmative action measures, however, the policy should not be implemented in such a manner as to have a negative impact on the non-protected group such as the white population. Despite the identification of other ills, which include the neglect of women and wage differentials between men and women, South Africa has made remarkable achievements and leaves a lasting legacy of fair racial representation in the workplace through the implementation of affirmative action measures.