South Africans cannot be excluded from employment opportunities on the basis of age
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Employment and Labour Minister Nomakhosazana Meth says South Africans cannot be excluded from employment opportunities on the basis of age, amid concerns that jobseekers aged between 34 and 50 are being overlooked.
This comes as unemployment continues to rise in the country, with concerns that some employers and employment programmes are prioritising younger candidates while sidelining older jobseekers. South Africa has one of the worst unemployment crises in the world. According to Statistics South Africa, the unemployment rate is 33.9%.
Political party RISE Mzansi has also previously criticised government programmes for imposing age limits that bar South Africans over 35 from accessing certain jobs and skills opportunities. The party argued that such restrictions contribute to a cycle of poverty and exclusion.
Responding to a parliamentary question from Hazel Ntombenhle Mbele of the uMkhonto weSizwe Party, Meth said there is no law that allows employers to exclude people from employment on the basis of age.
"It is important to note that there is no law that permits the exclusion of any person from employment on the basis of age. In fact, section 6(1) of the Employment Equity Act, No. 55 of 1998 (as amended), expressly prohibits unfair discrimination, whether direct or indirect, on any listed grounds, including age," Meth said.
"Any practice by an employer that excludes, or disadvantages work-seekers aged between 34 and 50 would therefore be in contravention of the Act".
The Minister added that anyone who believes they have been unfairly discriminated against on the basis of age can lodge a complaint with the Commission for Conciliation, Mediation and Arbitration (CCMA).
"Any person who believes they have been unfairly discriminated against on the basis of age may refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) or, where applicable, to the Labour Court".
mthobisi.nozulela@iol.co.za
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