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  • Revolutionising HR Discipline with AI: Meet the GBS Disciplinary Enquiry Bots

    In a ground-breaking leap for Human Resources (HR) management in South Africa, Global Business Solutions (GBS) has unveiled a revolutionary pair of AI-powered tools that are transforming the way disciplinary processes are conducted in the workplace. Featured on SABC News, our Disciplinary Enquiry (DE) Bots—the Initiator Bot and the Chairperson Bot—have already begun to reshape HR workflows by automating up to 60% of the time-consuming administrative tasks associated with initiating and chairing disciplinary enquiries. For HR professionals constantly navigating the complexity of compliance, evidence gathering, procedural fairness, and legal documentation, these tools are game changers. A New Era for HR: Why These Bots Matter The role of HR has evolved. Today, HR professionals are expected to be strategic partners, change agents, compliance guardians, and custodians of workplace culture—all while juggling increasingly intricate employment laws. Disciplinary processes, in particular, often demand hours of careful preparation and legal scrutiny to ensure that decisions are consistent, fair, and compliant. That’s where GBS’s AI-powered DE Bots step in—supporting HR teams through the toughest moments of people management with intelligence, efficiency, and integrity. Introducing the Disciplinary Enquiry Initiator Bot The Initiator Bot is the HR assistant you didn’t know you needed. Designed for those initiating disciplinary proceedings, it guides users through a structured, legally sound process from incident report to formal notification. Key Features: AI-Generated Charges aligned with your company’s disciplinary code Auto-Drafted Notices, including suspension letters and hearing invitations Evidence-Based Preparation with tailored opening statements and structured questioning Compliance Checks to ensure adherence to South African labour laws This tool is a must-have for HR officers, line managers, or anyone tasked with drafting charges, preparing documentation, or launching disciplinary action. By simply uploading the company’s disciplinary code, witness statements, and the incident summary, HR practitioners receive a suggested charge sheet, notification templates, and more—all in minutes. Introducing the Disciplinary Enquiry Chairperson Bot Once the hearing begins, the Chairperson Bot takes over. This bot is tailored for the decision-maker in the process—the person responsible for weighing the evidence, making a finding, and recommending an appropriate sanction. Key Features: Review of Evidence and witness statements against the balance of probabilities Mitigation & Aggravation Input for informed sanctioning AI-Supported Verdict Recommendation Drafted Outcome Letters detailing findings, rationale, and employee rights This tool enhances the objectivity and procedural fairness of the enquiry, especially for non-legal professionals acting as chairpersons. It demystifies complex disciplinary decision-making and ensures that outcomes are consistent with the Labour Relations Act (LRA) and internal policy. Built for HR by HR Experts Our bots aren’t just intelligent—they’re customisable, compliant, and HR-centric. Developed by South African labour law experts and technologists, these tools are specifically designed for the realities of the local employment landscape. As Courtenay Botha, GBS’s Head of AI, shared in her SABC News interview: “AI opens doors no one has ever experienced before. It enables businesses to achieve greater efficiency and quality of work.” These bots are not meant to replace HR professionals, but to empower them—freeing up time for strategic decision-making while ensuring procedural rigour and legal accuracy. They help avoid costly errors, reduce reliance on external legal support, and elevate the standard of internal workplace discipline. The Future of HR Automation is Here Within six months, GBS plans to fully automate the disciplinary process—right from charge initiation to outcome delivery. That means a future where HR teams can: Handle high volumes of cases with confidence and consistency Ensure every action is aligned with policy and law Improve employee trust through transparent, fair processes In a climate where HR must do more with less, tools like the DE Bots are no longer a luxury—they are essential infrastructure for modern compliance and people management. Want to Learn More? To see these bots in action or learn how they can support your HR team, contact: courtenay@globalbusiness.co.za john@globalbusiness.co.za johnny@globalbusiness.co.za Join us at our Mid-Year Labour Law Update! This year's theme is Labour Law Evolution: The New Face of Labour Relations & Case Law in Disrupted Businesses. What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register now: https://www.globalbusiness.co.za/events-mid-year-labour-law-update-2025?utm_source=Website&utm_medium=Newlsletter&utm_campaign=MYLLU2025-Mailer-NewsletterMYLLU2025-Mailer-Newsletter

  • Dear Graduates: You Don’t Have to Network Your Way Into Belonging

    You’ve just entered the world of work — fresh ideas, big dreams, and a sense that you’re meant to figure it out quickly. One of the first things you’re told to do… “Go out and network.” “Book coffee with random people.” “Build relationships.” But what if that advice doesn’t feel natural? What if you’re introverted — someone who finds small talk draining, or struggles to spark up conversations with strangers? At Circle & Square, we hear this all the time. We even hear this from the leaders who guide new individuals in the working world. And we believe it’s time to rethink what it really means to “build relationships.” Connection × Task = Real Relationships We don’t build strong relationships by ticking boxes on networking to-do lists. We build them by listening differently — by tuning into the connecting moments people offer before jumping straight into the task. Maybe someone mentions they didn’t get lunch today, or that they stumbled into this industry unexpectedly. Those aren’t small talk. They’re invitations. When we respond to those little openings with genuine curiosity, we make space for real connection. Then, and only then, do we focus on the task at hand. That’s our formula: Connection × Task = Sustainable Relationships. Relationship-Building, Redefined We often assume relationship-building means being outgoing, talkative, and charismatic. But introverts have their own superpower: depth. presence. listening not just to respond, but to understand. You don’t need to know someone in order to connect. You simply need to listen differently. So instead of pushing yourself to “network” in the traditional sense, try this: Start with shared moments, not shared business goals Ask real questions, not rehearsed ones Let your curiosity lead, rather than pressure to impress When you listen with the intent to connect — not just to reply — you’ll begin to notice how easily people offer you threads to build on. Follow those threads. That’s how real relationships form. Key Takeaways: You don’t have to be extroverted to build meaningful work relationships Listen for connection before diving into the task Authentic relationships start with presence, not performance Culture and reputation are built internally first — one connection at a time Let’s move beyond “just network.” Let’s make connection something everyone can access. Reach out to our amazing partners at Circle & Square. Cindy, cindy@circleandsqaure.co.za, or Michal, michal@circleandsqaure.co.za to re-engage your workforce: https://www.circleandsquare.co.za/ Join us at our Mid-Year Labour Law Update as we unpack landmark cases highlighting how mental health and wellbeing are increasingly becoming intertwined with labour legislation. This year's theme is Labour Law Evolution: The New Face of Labour Relations & Case Law in Disrupted Businesses. What you'll gain: Master the Digital Transformation of Labour Law in 2025 200+ Labour Law Cases Unpacked by Jonathan Goldberg Critical Updates on Upcoming Legislation & NEDLAC Amendments Navigate Workplace Challenges from the Digital Era to Discrimination Laws Register now: https://www.globalbusiness.co.za/events-mid-year-labour-law-update-2025?utm_source=Website&utm_medium=Newlsletter&utm_campaign=MYLLU2025-Mailer-NewsletterMYLLU2025-Mailer-Newsletter

  • From the Great Resignation to the Great Detachment: A Call to Action for Leaders & HR

    The world of work is at a critical turning point. What began as the Great Resignation (2021–2023)—a mass exodus of employees seeking better conditions—has now evolved into the Great Detachment. Employees are staying, but they’re disengaged, disconnected, and unmotivated. For leaders and HR professionals, this is a wake-up call: Do nothing, and disengagement will continue to erode productivity, culture, and retention. Act now, and we can drive the Great Re-Engagement. The Great Detachment: Why Employees Are Checked Out May 2021–2023: The Great Resignation—Employees actively quit in search of better pay, flexibility, and purpose. End of 2023: The Great Detachment— Employees stay out of necessity, not loyalty. They feel constrained by: Financial pressures and cost-of-living crises A competitive job market with fewer desirable roles Burnout and lack of meaningful work This shift means many employees are physically present but psychologically absent—showing up without engagement, passion, or commitment. Who’s Feeling the Impact the Most? Not all generations are experiencing detachment equally. Millennials and Gen Z are the hardest hit. Millennials (1981–1996): The Burnout Generation Raised in a hustle culture, now exhausted, disillusioned, and stuck. Sought work-life balance after the Great Resignation but were met with layoffs, return-to-office mandates, and economic uncertainty. Many are now in middle management, caught between senior leadership pressures and disengaged teams. Gen Z (1997–2012): The Disillusioned Newcomers Entered the workforce amid pandemic disruption and remote work. The least engaged generation (Gallup, 2023)—questioning the value of work itself. Quiet quitting and job-hopping are rising as they prioritise mental health over workplace loyalty. Struggle with traditional leadership styles that ignore DE&I, well-being, and flexibility. The Warning Signs Leaders & HR Can’t Ignore Lack of Purpose—Employees crave meaningful work but aren’t finding it. Distrust in Leadership—Top-down management and lack of transparency fuel disengagement. Mental Health Struggles— Burnout and stress are at all-time highs. Forced Return-to-Office Backlash—Employees thrived in hybrid work and feel reverting back is a step backward. Economic Constraints—The rising cost of living makes employees feel trapped in jobs they don’t enjoy. What Leaders & HR Must Do to Drive the Great Re-Engagement Leaders and HR professionals must act now to stop the spiral of disengagement. Two critical areas must be addressed: Reset Expectations & Priorities Without clear expectations, employees become directionless and disconnected. How to fix it: ✔ Set expectations collaboratively with employees ✔ Ensure alignment with team and business goals ✔ Regularly discuss workload and well-being Connect Work to Mission & Purpose People don’t just want a job—they want to belong to something bigger. How to fix it: ✔ Clarify and model the company’s mission & values ✔ Show employees how their work contributes to something meaningful ✔ Encourage employees to share what makes them proud The Essential Competencies Leaders & HR Need To successfully re-engage employees, leaders, and HR professionals must develop key competencies: Emotional Intelligence & Empathy—Build trust and psychological safety Human-Centered Leadership—Lead with authenticity and purpose Communication & Active Listening—Foster open, two-way dialogue Employee Well-Being & Mental Health Awareness—Prioritise balance and support Adaptability & Future-Readiness—Embrace change, hybrid work, and AI Engagement & Retention Strategies—Recognise, reward, and create belonging Coaching & Development Mindset—Shift from managing to mentoring Strategic Workforce Planning & Change Management—Align engagement with business goals Leaders, HR: The Time to Act is Now The Great Detachment is a silent crisis. It doesn’t make headlines like mass resignations, but its impact is just as dangerous. Unchecked disengagement leads to poor performance, higher turnover, and a toxic workplace culture. Leaders and HR professionals must take bold, intentional steps to re-engage their workforce. Organisations that listen, adapt, and create a workplace of meaning and purpose will thrive. Those that ignore the signs risk falling further into the detachment trap. 🔹 Are you ready to lead the Great Re-Engagement? It starts today. Reach out to our amazing partners at Circle & Square. Cindy, cindy@circleandsqaure.co.za, or Michal, michal@circleandsqaure.co.za to re-engage your workforce: https://www.circleandsquare.co.za/

  • The Positive Impact of SED and CSI on South Africa

    Did you know that Corporate Social Investment (CSI) and Socio-Economic Development (SED) initiatives have transformed the lives of millions of South Africans? These questions highlight the incredible positive impact that SED and CSI initiatives have had on South Africa. By focusing on community upliftment, economic empowerment, and sustainable development, these programmes are making a real difference in the lives of millions of South Africans. How many South Africans know that CSI and SED initiatives have provided over 500,000 students with scholarships and bursaries, enabling them to pursue higher education? Did you know that SED projects have created thousands of jobs in rural areas, significantly reducing unemployment rates? Why is it that CSI programs have built and renovated over 1,000 schools, improving the learning environment for countless children? Did you know that SED initiatives have empowered over 200,000 women through skills development and entrepreneurship programs? How many people realise that CSI efforts have provided clean water and sanitation facilities to over 1 million South Africans? Did you know that SED projects have supported over 10,000 small and medium enterprises (SMEs), fostering economic growth and innovation? Why is it that CSI initiatives have contributed to the construction of over 5,000 affordable housing units, providing safe homes for families? Did you know that SED programs have improved healthcare access for over 2 million people through mobile clinics and health education campaigns? How many are aware that CSI projects have planted over 1 million trees, contributing to environmental sustainability and combating climate change? Did you know that SED initiatives have provided vocational training to over 100,000 youth, preparing them for the job market? Why is it that CSI efforts have established over 500 community centers, offering various social services and support programs? Did you know that SED projects have facilitated the electrification of over 200 rural villages, improving the quality of life for residents? How many people know that CSI initiatives have supported over 300 arts and culture projects, preserving South Africa's rich heritage? Did you know that SED programmes have provided financial literacy training to over 50,000 individuals, promoting economic empowerment? Why is it that CSI efforts have funded over 200 sports development programs, nurturing young talent and promoting healthy lifestyles? Did you know that SED initiatives have improved food security for over 500,000 households through agricultural support programs? How many are aware that CSI projects have provided disaster relief and recovery support to over 100,000 people affected by natural disasters? Did you know that SED programmes have facilitated the establishment of over 1,000 cooperatives, promoting collective economic activities? Why is it that CSI efforts have supported over 200 wildlife conservation projects, protecting South Africa's biodiversity? Did you know that SED initiatives have contributed to the development of over 50 community-based tourism projects, boosting local economies? These questions highlight the incredible positive impact that SED and CSI initiatives have had on South Africa. By focusing on community upliftment, economic empowerment, and sustainable development, these programmes are making a real difference in the lives of millions of South Africans. Discover the savings and growth potential for your business today, get your FREE B-BBEE Scorecard Assessment today!! For your BEE needs, feel free to reach out to Richard at richard@globalbusiness.co.za, or Cindie at cindie@globalbusiness.co.za at Global Business Solutions. Subjects like the B-BBEE will be on the agenda at GBS's must-attend Annual Employment Conference (#AEC25) on the 19th of March 2025. Join John Botha, Johnny Goldberg, Thembi Chagonda, Dr. Mark Bussin, and many more industry leaders at the conference. Set your organisation up for success in 2025 and register today! (Register here: https://globalretailoutlet.co.za/showevent/73)

  • South Africa's 2025 Budget: Workplace and Employment Implications

    The recently delivered 2025 Budget Speech by Finance Minister Enoch Godongwana outlines several key economic policies that will directly impact workplaces, employers, and employees across South Africa. With the economy growing by only 0.6% in 2024 and projected to average 1.8% over the medium term, the budget introduces measures aimed at stimulating growth while addressing pressing social needs. Key Workplace Implications VAT Increase and Its Impact: One of the most significant announcements is the planned increase in Value-Added Tax (VAT) by half a percentage point in 2025/26 and another half-point in 2026/27, bringing the rate to 16% by 2026/27. Employers should anticipate: Potential adjustments to pricing structures and business expenses Increased costs for workplace supplies and services Required updates to accounting and financial systems to accommodate the new rates While the VAT increase affects businesses and consumers, the government has attempted to cushion households by expanding zero-rated items and maintaining the fuel levy at current rates. Public Sector Employment Initiatives: The budget allocates significant resources to maintain and improve public sector employment: R7.3 billion in 2025/26 for the three-year wage agreement, exceeding previous projections R11 billion for an early retirement initiative aimed at attracting younger employees into the public service Funding to retain approximately 11,000 teachers and 9,300 healthcare workers Private sector employers should note these developments as they may influence wage expectations and labour market dynamics across all sectors. Infrastructure and Job Creation: The budget commits to over R1 trillion in public infrastructure spending over the next three years, focusing on: R402 billion for transport and logistics R219.2 billion for energy infrastructure R156.3 billion for water and sanitation This massive investment is expected to create substantial employment opportunities in construction, engineering, project management, and related fields. Companies in these sectors should position themselves to participate in this expansion. Operational Considerations for Employers Skills Development and Employment: The government's commitment to expanding Early Childhood Development (ECD) subsidies by R10 billion over the medium term signals potential growth in the education sector. The increase from R17 to R24 per day per child will support approximately 700,000 more children up to the age of four. Employers should recognise the long-term workforce development benefits of this investment while also considering the immediate employment opportunities it creates in the education sector. Social Security and Labor Market Programmes: The extension of the COVID-19 Social Relief of Distress grant until March 2026 with an allocation of R35.2 billion has important implications for low-wage employers. Additionally, the government is reviewing over 100 active labour market programs across more than 20 public institutions to reduce duplication and improve operational efficiencies. Employers should monitor these developments as they may lead to new frameworks for workforce development and social protection that could affect hiring practices and employee benefits. What Employers Should Do Now: Review Financial Planning : Adjust budgets to account for the VAT increase and potential changes in operational costs. Monitor Infrastructure Opportunities : Companies in construction, engineering, and related fields should prepare for increased public infrastructure projects. Evaluate Compensation Structures : The public sector wage agreement may influence private sector wage expectations. Assess Training Programs : Consider how government skills initiatives might complement internal training efforts. Review Tax Compliance : Ensure systems are updated to accommodate new tax rates and regulations. The 2025 Budget represents a careful balance between fiscal discipline and growth stimulation. By understanding its implications, employers and employees can better navigate the evolving economic landscape and position themselves to benefit from the government's strategic investments in South Africa's future. Subjects like the Budget Speech will be on the agenda at our must-attend Annual Employment Conference (#AEC25) on the 19th of March 2025. Join John Botha, Johnny Goldberg, Craig Kirchmann, Dr. Mark Bussin, and many more speakers at the conference, as well as 250 registered delegates. Set your organisation up for success in 2025 and register today! (Register here: https://globalretailoutlet.co.za/showevent/73 )

  • ETI Lives On: As a boost to Youth Employment

    In a boost for businesses supporting youth employment, the recent 2025 Budget confirmed the continuation of the Employment Tax Incentive (ETI) program, even introducing positive adjustments to its structure. What's Changing on April 1, 2025 From April 1, the ETI will maintain its maximum value of R1,500 per month for the first year and R750 per month for the second year of eligibility, but with important adjustments to keep pace with rising minimum wages. The good news for employers is an expansion of eligible income bands. The maximum incentive will now apply to employees earning between R2,500 and R5,500 monthly (previously R2,000-R4,500), and the incentive will gradually taper to zero at a monthly income of R7,500 (up from R6,500). This upper band limit increase from R6,500 to R7,500 represents a 15% increase that recognises the absence of inflationary adjustments over the past few years and means that businesses will have greater incentives to employ youth. The ETI is one of the most cost-effective job creation levers, and research has suggested that it may be useful to extend and enhance it in certain key sectors. For wages below R2,500 where minimum wage exemptions apply, employers can claim 60% of the wage value. These adjustments mean more employees will fall within the qualifying income range, potentially increasing the program's reach and impact. The ETI Under Fire The ETI came under fire just days before the budget announcement with a suggestion that the roughly R7 billion annual program cost be redirected toward "other employment initiatives" that would "boost unemployment in a more tangible way." What This Means for Your Business For now, employers can breathe easy knowing the ETI will continue with expanded eligibility thresholds. If your business employs young people earning between R2,500 and R7,500 monthly, you'll likely see increased benefits from these adjustments. Subjects like the ETI will be on the agenda at GBS's must-attend Annual Employment Conference (#AEC25) on the 19th of March 2025. Join John Botha, Johnny Goldberg, Thembi Chagonda, Dr. Mark Bussin, and many more industry leaders at the conference. Set your organisation up for success in 2025 and register today! (Register here: https://globalretailoutlet.co.za/showevent/73 )

  • Achieving Employment Equity Compliance: Aligning Organisational Structure with Regulatory Requirements

    Organisational Structure and Effective Employment Equity Implementation in Multi-Divisional South African Organisations When implementing Employment Equity in South Africa, large organisations often face the challenge of operating with multiple divisions spanning different provinces. These holding companies typically report centrally on Employment Equity; however, they must also meet the requirements of sections 16, 17, 19, and 20 of the Employment Equity Act when constructing Employment Equity plans. In some situations, central committees are established without fulfilling Employment Equity consultation requirements. For example, a holding company with 10 divisions may report centrally but fail to establish Employment Equity committees within individual divisions or, conversely, fail to consolidate divisional reporting with a central transformation committee. Employment Equity consultation must follow organisational structure. Too often, employers discover, during Department of Labour Director-General (DG) reviews, that their central Employment Equity committee is not representative of all divisions. The consequence is a finding that the employer is not fully compliant with section 16 read with section 17 of the Employment Equity Act, 1998, as amended. This typically leads to the entire Employment Equity plan being deemed non-compliant. To avoid such findings in DG reviews, ensure your organisation's Employment Equity structure is fit for purpose and aligned with the Employment Equity Act. With the added challenge of sector targets, this becomes even more crucial as organisations that report centrally must align divisional goals with the holding company. Failing to do so reduces central reporting to a mere administrative exercise. South African employers should consider: a) Ensuring the holding company’s Employment Equity committee includes representatives from all divisions. b) Building strong Employment Equity committees in each division, that align with the consultation requirements of Section 16(1)(2). c) Ensuring goals and targets cascade up from divisions to the holding company. d) Recognising that transformation occurs primarily in divisions. e) Creating clear accountability structures for transformation. The Employment Equity Act sets out specific requirements for employers in sections 16 and 17, establishing consultation processes so affected groups can meaningfully contribute to the transformation process. Audit your Employment Equity structure to ensure it is fit for purpose and that it creates accountability within corporate structures. To avoid future adverse findings in DG reviews, meaningfully incorporate the planned implementation of sector targets across all divisions. Subjects like Employment Equity will be on the agenda at our must-attend Annual Employment Conference (#AEC25) on the 19th of March 2025. Join John Botha, Johnny Goldberg, Craig Kirchmann, Dr. Mark Bussin, and many more speakers at the conference, as well as 250 registered delegates. Set your organisation up for success in 2025 and register today! (Register here: https://globalretailoutlet.co.za/showevent/73 )

  • Retirement age and the burden of proof

    In a matter where retirement age is disputed, the burden of proof rests with the applicant. The case of BMW (South Africa) (Pty) Ltd v National Union of Metalworkers of South Africa and another – (2019) 28 LAC 1.11.12 also reported at [2019] 2 BLLR 107 (LAC) illustrates this. The employee’s contract had been concluded in 1986. It was silent on a retirement age but her letter of appointment referred to a staff handbook, which stipulated that the retirement age was 65 years of age. In 1994 the employer decided to alter the retirement age of its employees to 60 and the pension fund rules were amended accordingly. However, the rules of the provident fund – of which the employee was a member – remained unchanged. Employees were informed by an undated general notice that the retirement age for all employees was to be lowered from 65 to 60. This was done twice in this period. Employees were given a choice of retiring at 60 or 65. The provident rules were amended that year. The employee claimed that she had indicated then that she wished to retire at 65, but the employer denied receiving the relevant form. When she turned 60, the employee informed the employer that she did not accept the change of her retirement age. The employee was forced to retire. She claimed that she had been dismissed and that the dismissal was automatically unfair based on age. The Labour Court upheld that claim. The Labour Appeal Court held that the employee had failed to prove that she had elected to retire at 65. That claim had been made only in 2014. The burden rested on the employee to prove that she had submitted a form. Her failure to discharge that burden could not be rescued by reversing the onus and requiring the employer to prove that she had not. On the evidence, the employee’s claim that she had submitted the form – electing to retire at 65 – could not be found to be true. The appeal was upheld. Employees have to be aware of notices with changes to conditions of employment contained in them and respond to such proposed changes. Contact Global Business Solutions Our employment equity team – headed by Thembi Chagonda, thembi@globalbusiness.co.za – is extremely experienced and skilled in all aspects of employment equity and transformation. If you have any questions for them, please contact them for more information.

  • Why you Need to be Careful When Setting your Retirement Age

    When setting the retirement age in your company, ensure that your policy is based on solid industry standards. If it is not, you could find yourself having to pay thousands that you had not budgeted for as was the case in Brian Joffe t/a J Air v Commission for Conciliation Mediation & Arbitration and others – (2019) 28 LAC 1.111.3 . A commercial air transport operator employed only two pilots, H and P, who both turned 60 in the same year. The employment of both pilots was governed by the Civil Aviation Regulations, which prohibited pilots over the age of 60 from piloting international air transport operations except as a member of a multi-pilot crew. The employer informed H that he had employed another pilot and that his (H’s) services would not be required after three months. H referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) claiming that he had been unfairly dismissed for operational requirements. The Commissioner argued that the dismissal was substantively and procedurally unfair and ordered the appellant to pay H compensation equal to three month’s salary plus severance pay. On review, the Labour Court noted that the Labour Relations Act (LRA) provides that a dismissal based on age is fair if the employee has reached an agreed or normal retirement age for persons employed in the same capacity. The employer did not have an agreed retirement age for its pilots and relied exclusively on the regulations. On analysis, the regulations do not prohibit a pilot at 60 from flying on international commercial flights and they merely attach conditions to them doing so. The Court held further that the appellant had not consulted over alternatives suggested by H that might have saved his job. His dismissal was a fait accompli and also both substantively and procedurally unfair. The appeal was dismissed. Contact Global Business Solutions The way that you can avoid issues, such as the one above, from escalating in your company, is by making sure that you have the correct policies in place from the get-go. John Botha , john@globalbusiness.co.za – as well as the entire Global Business Solutions team – are on hand to help you with the drafting.

  • Bridging the Compliance Gap: Central Employment Equity Reporting and Divisional Accountability – making the sector targets work for a divisional structure

    In South Africa's evolving Employment Equity landscape, a significant challenge threatens many organisations: the disconnect between central reporting and divisional accountability. With the amended Employment Equity Act raising compliance stakes, failure to bridge this gap could prove costly for both holding companies and their subsidiaries. Draft Sector Targets and Holding Company Implications The Department of Employment and Labour's sector-specific Employment Equity targets have transformed the traditional compliance regulatory framework. For large corporations operating in South Africa, this has the following implications: Centralised Reporting: Holding companies must report against predetermined sector targets. Divisional Complexity: Different divisions may fall under different sector targets; however, only one may be chosen. Compliance Responsibility: The holding company bears ultimate compliance responsibility for Employment Equity compliance. Contract Eligibility: Compliance certification affects eligibility for government contracts. Driving transformation with the sector targets The central reporting paradox is that, while holding companies must report centrally, there is an assumption that central reporting alone drives change. However, without specific goals cascaded up from the divisional level, central reporting becomes merely an administrative exercise rather than a true strategic transformation tool. The mathematical challenge remains: when divisions align to sector-specific targets, the consolidated data may reveal irregularities. The holding company must ensure that the sum of divisional targets produces the required aggregate result, impossible without explicit divisional targets. The occupational profile matrix illustrates why divisional targets are essential without them: Accountability dissolves and responsibility becomes generalized. Measurement becomes disconnected from operational reality. Divisional leaders can attribute underperformance to external factors. While measurement happens centrally, actual transformation occurs within divisions: Legal Compliance: The holding company bears legal compliance responsibility. Operational Levers: Divisions control the operational levers that drive demographic change. Operational Accountability: Without divisional targets, central requirements cannot translate into operational accountability. Quarterly Measurement Drives Progress As illustrated above, central annual reporting alone is insufficient for driving meaningful transformation. Therefore, organisations must establish quarterly measurements at both holding company and divisional levels: Divisional Level: Review progress toward meeting Employment Equity targets. Document justifiable reasons for not meeting targets. Ensure divisional leadership takes ownership of goals and targets. Holding Company Level: Consolidate divisional reports into an organisational dashboard. Evaluate the alignment of divisional progress to company targets. Provide governance and oversight on divisional accountability. This quarterly practice establishes Employment Equity as a continuous business priority rather than an annual compliance exercise. The High Cost of Non-Compliance Failure to meet Employment Equity targets, particularly without properly documented justifiable reasons, carries severe consequences under the amended Act. Organisations unable to obtain their Employment Equity Certificate of Compliance face: contract disqualification from state contracts and tenders, exclusion from state business, financial penalties of up to 10% of annual turnover, reputational damage, and increased scrutiny during Department of Labour Director-General (DG) reviews. These consequences are not a mere regulatory inconvenience but rather material business risks that have the potential to significantly impact an organisation's bottom line and strategic growth opportunities. Closing the Accountability Gap For holding companies serious about both compliance and transformation, the solution is clear: translate central reporting requirements into specific divisional targets with clear accountability mechanisms, monitored quarterly. The mathematical precision of target-setting, accountability mechanisms, and quarterly performance reviews must work in tandem with central measurement, providing the compliance framework and divisional targets necessary to drive transformation. Subjects like Employment Equity will be on the agenda at our must-attend Annual Employment Conference (#AEC25) on the 19th of March 2025. Join John Botha, Johnny Goldberg, Craig Kirchmann, Dr. Mark Bussin, and many more speakers at the conference, as well as 250 registered delegates. Set your organisation up for success in 2025 and register today! (Register here: https://globalretailoutlet.co.za/showevent/73)

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