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Employment Equity Act, 1998 (Act No. 55 of 1998)

Regulations

Employment Equity Regulations, 2025

Enforcement Mechanisms

14A. Service of compliance order in terms of section 37

 

(1) A compliance order may be served on an employer in terms of section 37 of the Act by any of the following methods—
(a) handing a copy of the order to the employer or a representative of the employer;
(b) leaving a copy of the order at the employer’s premises or registered office; and
(c) e-mailing a copy of the order to the employer’s e-mail address.

 

(2) In the event of a dispute as to whether a compliance order has been served in terms of sub-regulation (1), service may be proved by—
(a) in the case of an order served by hand—
i. a copy of a receipt signed by, or on behalf of, the employer clearly indicating the name and designation of the recipient and the place, time and date of service; or
ii. a statement confirming service signed by the person who delivered a copy of the order to the other party or left it at any premises.
(b) in the case of an order left at the employer’s premises, a statement confirming service signed by the person who left it at the employer’s premises; and
(c) in the case of an order served by e-mail—
i. a copy of the sent e-mail indicating the successful dispatch to the employer of the email and any attachments concerned; and
ii. an affidavit of the person who effected service, providing proof of the correct e-mail address of the employer and confirmation that the e-mail and any attachments were dispatched to the employer.

 

(3) If proof of service in accordance with sub-regulation (2) is provided, it is presumed, until the contrary is proven, that the employer on whom it was served has knowledge of the contents of the compliance order.

 

(4) If proof that the document was posted by registered post to the employer in accordance with sub-regulation (2) is provided, it is presumed, until the contrary is proven, that the employer received the order seven days after the date of posting.

 

(5) The relevant provisions of the Electronic Communications and Transactions Act No. 25 of 2002 are applicable in respect of any issue concerning service by e-mail.