Synopsis:
Validity of employment equity plan – non-compliance with
section 42 of Employment Equity Act – failure to take into
account demographic profile of both regional and national
economically active population in setting numerical targets and
assessing representivity – Barnard principle – Also applies to
African, Coloured and Indian candidates as well as to men,
women and people with disabilities – employee may be denied
appointment if he or she belongs to a category of persons that is
already adequately represented at relevant occupational level –
wrong benchmark used to set targets and determine
representation – Plan not declared invalid – refused to appoint
candidates – unfair discrimination based on race or gender –
numerical targets not quotas – refusal to appoint set aside and
appropriate relief granted
