Code of good practice on disability in the workplace in South Africa
3.1. The Code is not an authoritative summary of the law, nor does it create additional rights and obligations. Failure to observe the Code does not, by itself, render a person liable in any proceedings. Nevertheless when the courts and tribunals interpret and apply the Employment Equity Act, they must consider it.
3.2. The Code should be read in conjunction with other Codes of Good Practice that may be issued by the Minister of Labour in South Africa.
3.3. The Code is intentionally general because every person and situation is unique and departures from the standards in this code may be justified in appropriate circumstances.
3.4. Employers, employees and their organisations should use the Code to develop, implement and refine disability equity policies and programmes to suit the needs of their own workplaces.
4. LEGAL FRAMEWORK
The Code is issued in terms of Section 54(1)(a) of the Employment Equity Act, No. 55 of 1998 and is based on the Constitutional principle that no one may unfairly discriminate against a person on the grounds of disability in South Africa.