On 9 November 2015 the Minister of Labour published the new Code of Good Practice on Employment of Persons with Disabilities (“the Code“). The Code aims to guide employers and employees on promoting equal opportunities and fair treatment for persons with disabilities; help employers and employees understand their rights and obligations in order to promote certainty and reduce disputes to ensure that persons with disabilities can enjoy and exercise their rights at work; help create awareness of the contributions persons with disabilities can make and encourage employers to fully use the skills of such persons; and ensure that all employers identify, respect and promote the rights of any person with a disability.
The Code should be read in conjunction with the Employment Equity Act 55 of 1998 (“EEA“).
The Code details, among others:
- The definition of persons with disabilities;
- Reasonable accommodation for disabled persons;
- Medical and psychological testing;
- Worker’s compensation;
- Confidentiality and disclosure of disability; and
- Monitoring and evaluation.
Employers should use the Code to draw up and implement disability equity policies and programmes to suit the needs of their businesses.