ESKOM’S "NO WHITE MALES" DRAMA – WHAT IT MEANS FOR YOUR EMPLOYMENT EQUITY PLAN

The headline that Eskom can exclude white males from senior jobs oversimplifies a complex court case about one contested promotion.

Alwyn Erasmus, a white male Eskom employee, applied for a senior manager role and was shortlisted and recommended but was not appointed. Eskom’s Employment Equity (EE) data showed white males were over-represented at senior levels, so the vacancy was treated as a transformation opportunity aimed at promoting African candidates and women.

The Labour Court initially ruled Eskom’s shortlisting practice was unfair discrimination and an “absolute barrier” to white males, ordering compensation and changes to recruitment.

However, the Labour Appeal Court overturned this ruling. It confirmed Eskom’s approved EE plan and numerical targets, ruling that prioritizing designated groups like African employees and women, especially in senior roles, was lawful under South Africa’s Constitution and EE law.

The court noted Erasmus was shortlisted and interviewed despite being white and those exceptions could be made. Eskom’s “pipeline” strategy aims to gradually shift workforce demographics toward equity.

What does this ruling mean for employers:

• You may incorporate EE targets directly into recruitment and promotion, including shortlisting.

• Priority can be given to under-represented designated groups, particularly in senior management.

• Measures must be based on a clear, data-backed EE plan with flexibility, not rigid race-based bans.

This case signals that EE is no longer just a policy, but a practical, legally supported strategy embedded in hiring processes. Employers should review and tighten their EE plans and recruitment practices now to withstand legal scrutiny.