The National Minimum Wage Commission, chaired by Professor Imraan Valodia, has released its annual report and recommendations for the adjustment of South Africa’s national minimum wage for 2026. This follows a comprehensive review process in line with the National Minimum Wage Act (No. 9 of 2018), which mandates annual evaluation and public consultation to ensure the wage remains a robust tool for reducing poverty and wage inequality. Key Highlights Proposed Adjustment: The Commission recommends that the national minimum wage for 2026 be increased by the Consumer Price Index (CPI) plus 1.5% . This recommendation is based on economic indicators, public input, and the need to maintain the real value of the minimum wage. Current Wage Context: As of March 2025 , the national minimum wage stands at R28.79 per hour . Approximately 5.5 million workers are paid at or below this rate, highlighting the importance of compliance and enforcement. Sectoral Impact: The Commission notes persistent challenges with compliance, especially in agriculture and domestic work. Small, medium, and micro-enterprises (SMMEs) are recognised as particularly vulnerable to wage adjustments, and the Commission encourages targeted relief and support measures. Public Participation: Employers, employees, and stakeholders are invited to submit written representations regarding the proposed adjustment. Submissions must be sent to the Directorate: Employment Standards, Department of Employment and Labour, Private Bag X117, Pretoria, 0001, or via email to nmwreview@labour.gov.za by 12 January 2026. Calls to Action for Employers Engage in the Review Process: Employers are strongly encouraged to review the Commission’s recommendations and submit their written representations before the deadline. Your input is vital to ensuring that the minimum wage policy balances worker protection with business sustainability. Assess Business Impact: Evaluate how the proposed CPI + 1.5% increase may affect your operations, especially if you are an SMME or operate in sectors with narrow margins. Consider whether you may need to apply for a temporary exemption if you face genuine financial constraints. The Department of Employment and Labour provides an exemption system for qualifying employers Ensure Compliance: The Commission highlights ongoing issues with non-compliance. Employers are reminded of their legal obligations under the National Minimum Wage Act. Enhanced enforcement is expected, and non-compliance may result in penalties. Participate in Sectoral Dialogue: Employers are urged to engage with industry associations and bargaining councils to ensure that sector-specific concerns are represented in the national dialogue. The Commission also recommends that wage adjustments be linked to sectoral economic indicators and profitability Support Targeted Relief and Incentives: Advocate for and utilise available support measures, such as the Employment Tax Incentive (ETI), to help absorb increased labour costs and support youth employment. Additional Recommendations The Commission calls for improved enforcement, transparency in exemption processes, and the publication of exempted employers. Employers are encouraged to participate in future focus groups and public hearings to ensure a broad and inclusive stakeholder engagement. The Commission urges alignment of wage-setting with broader national goals, including the National Development Plan and Sustainable Development Goals For further information, access the full report at www.gpwonline.co.za or contact the Department of Employment and Labour. The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work. 2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026 View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026,  From Parental Leave to AI: Your 2026 HR Playbook, Annual Employment Conference 2026, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Why this notice matters The December 2025 notice under the Occupational Health and Safety Act sharpens long‑standing Environmental and General Safety Regulations and ties them to explicit criminal penalties for non‑compliance. For employers, this is not an abstract legal tweak: it directly affects space planning, housekeeping standards, emergency readiness, risk assessment systems, and first‑aid staffing at every workplace. ​   Space, clutter, and usable floor area The Environmental Regulations now spell out that, in indoor workplaces (other than building sites), employers must provide at least 2.25 m² of effective open floor area per employee and maintain sufficient clear space at every machine so work can be done safely. “Effective open floor area” excludes areas blocked by furniture, storage, or machinery, so crowded offices, workshops, and warehouses may need re‑planning, decluttering, or reduced occupancy to comply. ​ In practice, this means HR and facilities must work together to map floor areas, count occupants per zone, and redesign layouts so workstations, circulation routes, and machine access points are free of obstructions. Space standards also give health and safety reps a concrete benchmark for objections where overcrowding or “hot‑desking” creeps into unsafe territory. ​   Housekeeping, building integrity, and fall hazards The regulations reinforce a basic but often neglected truth: a safe workplace starts with housekeeping. Employers must keep indoor workplaces clean and orderly, maintain floors, walkways, stairs, and passages in good repair, skid‑free and unobstructed, and ensure roofs and walls are sound and lea k‑free.​ All openings, hatchways, stairways, and open sides where a person could fall must be boarded, fenced, or otherwise guarded, with temporary removal allowed only when necessary for access or moving materials, and then under controlled conditions. Where overhead work could result in falling objects, the employer must install catch platforms or nets or clearly fence off danger areas, which has immediate implications for contractors, maintenance teams, and multi‑storey plants. ​   Flooding, fire, and escaping the building Where there is a substantial risk of flooding, employers must have systems to receive immediate warning of imminent flooding and must warn people in writing before erecting constructions that could cause water to accumulate or converge. For sites near dams, rivers, or stormwater channels, this calls for documented flood‑risk assessments, integration with local early‑warning systems, and clear internal communication protocols. ​ Fire precautions and means of egress are also tightened: escape doors should, as far as practicable, open outwards, stay clear and be easy to open from inside; stairways need substantial handrails; fire‑escape stairs must be non‑combustible, unobstructed and must not discharge into enclosed dead‑ends. Workplaces must have at least two escape routes where appropriate, and all escape routes must be suitably wide and graded, forcing employers to re‑look at locked doors, grilles, internal security barriers, and mezzanine structures that compromise evacuation. ​   Fire‑fighting equipment and emergency planning Employers must provide an adequate supply of suitable fire‑fighting equipment at strategic points, taking into account the size, construction, and location of the workplace and the nature and quantity of flammable materials present. Equipment must be maintained in good working order, which practically means an inventory, inspection schedule, service records, and clear signage so employees can find and use extinguishers quickly. ​ This regulatory emphasis dovetails with broader emergency preparedness: evacuation drills, updated fire plans, clear assembly points, and role allocation (fire marshals, floor wardens) become demonstrable compliance tools rather than “nice‑to‑have” policy statements. For multi‑tenant buildings, employers must ensure their plans align with the landlord’s systems and that responsibilities are clearly allocated in lease or service agreements. ​   Risk assessments as a living system General Safety Regulation 2 requires every employer and user of machinery to evaluate risks arising from their activities and to take necessary steps to make conditions safe for any person at or affected by the workplace. This pushes risk assessment beyond a once‑off document toward an ongoing, auditable process that feeds into training, safe‑work procedures, permits‑to‑work, and contractor management. ​ In practical terms, employers should maintain a current OHS risk register, record control measures, assign responsible persons, and review risks when processes, equipment, or staffing change. Machinery users must integrate manufacturer guidance, lock‑out procedures, and guarding standards into this system and must be able to show inspectors that risk assessments are communicated and embedded, not just filed. ​   First aiders, shifts, and certificate management Under General Safety Regulation 3, any workplace with more than ten employees must have at least one certified first‑aider readily available for every 50 employees, or for every 100 employees in shops and offices . First‑aiders must hold valid competency certificates issued by specified organisations or providers approved by the Chief Inspector, so employers need to verify provider status and keep copies of certificates on file. ​ Coverage must be planned per site, per shift, and with leave and remote work patterns in mind, not just per headcount on the organogram. HR and OHS teams should maintain a first‑aider register, track certificate expiry dates, organise refresher training, and ensure clear signage in workplaces showing where first‑aid boxes are located and who the responsible first‑aiders are. ​   Criminal exposure and the case for proactive audits The amended Environmental Regulations (including housekeeping, flooding, and fire precautions) and key General Safety Regulations (including risk assessment and first aid) now carry explicit criminal penalties for contraventions. Breaches can lead to fines, imprisonment of up to six months, and additional daily fines or imprisonment for continuing offences, capped at a further ninety days of imprisonment. ​   This enforcement framework raises the stakes for boards, executives, and line managers who can no longer treat OHS compliance as a delegated technical matter. A pragmatic response is to launch structured OHS audits focusing on space standards, housekeeping, structural integrity, escape routes, fire equipment, risk assessments, and first‑aid coverage, with action plans, deadlines, and accountability built into performance management and health and safety committee agendas. The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work. 2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026 View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026,  From Parental Leave to AI: Your 2026 HR Playbook, Annual Employment Conference 2026, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

Why an advanced HR qualification matters now In the modern workplace, HR roles are evolving from administrative and transactional functions to strategic partners in business growth, culture, and transformation. Organisations expect HR professionals to deliver talent strategy, digital fluency, employment-relations insight, and measurable impact—not simply process compliance. The NQF Level 6 Advanced Occupational Certificate in HRM prepares HR practitioners to make that leap. The growing expectation: HR as strategic enabler Rather than just administering policies, today’s HR officers are expected to help shape organisational architecture, workforce planning, L&D initiatives, and employee relations frameworks. The qualification for HRM Officer (NQF 6, SAQA ID 121151) is designed precisely to build those competencies: it combines knowledge modules (organisational architecture, learning & development, and employment relations) with practical skill development and workplace application. ( SAQA+2institutebm.org.za+2 ) Key components of the NQF 6 qualification Completing the HRM Officer qualification involves three linked components: Knowledge modules : Anchored in strategic HRM, such as talent management and organisational design. ( SAQA+1 ) Practical skill modules : Operationalising frameworks, managing workforce plans, and facilitating talent-oriented processes. ( SAQA+1 ) Workplace/experience modules : Embedding learning in a workplace context, reinforcing real-world application and credibility. ( institutebm.org.za ) Together, these components ensure that the learner can not only understand modern HR theory but also put it into practice in a way that boosts the department’s effectiveness and organisational value. Transforming your role (and your organisation) For HR professionals or HR teams looking to move beyond the transactional and become true strategic contributors, the NQF 6 qualification delivers improved credibility, stronger alignment with business goals, and greater ability to partner with senior leadership. It also sends a message to the organisation that the function is serious about professionalisation and leadership. A practical next step If you are interested in building your HR career and equipping yourself (or your team) with future-ready capabilities, the Advanced Occupational Certificate: HRM Officer (NQF 6) is open for registration. For more details, you can view the programme here: link to event page The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work. 2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026 View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026,   From Parental Leave to AI: Your 2026 HR Playbook , Annual Employment Conference 2026, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

In the matter of Sanlam Life Insurance Limited v Mogomatsi and Others (CA12/2022) [2023] ZALAC 15; [2023] 11 BLLR 1166 (LAC); (2023) 44 ILJ 2516 (LAC) (17 August 2023), the Labour Appeal Court (LAC) overturned a Labour Court (LC) ruling that found a former Sanlam ethical hacker had been constructively dismissed. Instead, the Court restored the original CCMA finding that the employee had resigned of his own accord and had not been forced out by intolerable working conditions. The employee joined the employer in June 2017 as a Senior Penetration Tester, responsible for probing the company’s information systems for security weaknesses. His working relationship with the company became strained from late 2018 onwards, following an incident where he applied late for December leave but went on holiday anyway. Although a disciplinary hearing was convened, the charges were later dropped after management accepted there could have been a misunderstanding. From early 2019, tensions continued around issues such as timekeeping, an expired professional certificate, disagreements with team members, missed deadlines, and his exclusion from certain training opportunities and conferences. A significant incident in April 2019 resulted in a final written warning for unprofessional conduct relating to a Santam project. Everything came to a head in May 2019 during a major cyber breach at an affiliate of the employer in Kenya. The rest of the team worked intensively for several days, but the employee did not log in at the agreed time and later accused his colleagues of lying about solving the problem first. His manager instructed him to apologise or face further disciplinary action, warning that resignation was also an option. Instead, the employee went off sick for two days and then resigned on 30 May 2019. He referred a constructive dismissal dispute to the CCMA, claiming that his employer had made his working life intolerable. The CCMA Commissioner rejected the constructive dismissal claim, ruling that the employee had resigned voluntarily. The Commissioner found that although management had acted firmly at times, their conduct did not make continued employment objectively intolerable. The employee then took the matter on review to the LC. For the first time, he relied heavily on arguments about his mental health, alleging stress and depression had played a major role. The LC accepted this broader reasoning, finding that the employer should have handled him more sensitively, and ruled that he had, in fact, been constructively dismissed. It awarded him four months’ compensation. Upon appeal, the LAC was critical of the LC for relying on evidence not presented at the arbitration, particularly relating to mental health. It found: • The employee did not raise mental ill-health during the CCMA proceedings. • Sanlam had no evidence that he was mentally unwell at the time. • The Labour Court conflated incapacity due to illness with constructive dismissal. • The employee failed to prove that the employer made continued employment intolerable. The Appeal Court reinstated the CCMA’s award and dismissed the constructive dismissal claim. No cost order was made. The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work. 2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026 View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026,  From Parental Leave to AI: Your 2026 HR Playbook, Annual Employment Conference 2026, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

CCMA data over the past decade show a persistently high volume of referrals dominated by unfair dismissal disputes, with a marked surge in basic‑conditions and minimum‑wage enforcement since 2021 and consistently strong operational efficiency despite fiscal pressure. Looking ahead, the mix of dismissal cases is likely to tilt gradually away from pure misconduct toward incapacity, operational requirements, and automatically‑unfair dismissal claims as new codes, wage enforcement and discrimination frameworks bed down. ​ Structural dominance of unfair dismissal Unfair dismissal has remained the single largest category in the CCMA’s caseload for years, with recent figures showing it accounts for roughly 52% of all referrals in 2023/24, confirming that individual termination disputes are still the core pressure point in South African workplaces. ​ Rising BCEA and NMW enforcement Since around 2021 the CCMA has experienced a sharp increase in referrals under the Basic Conditions of Employment Act and the National Minimum Wage Act, with BCEA/NMWA referrals excluding severance rising from about 33   571 in 2021/22 to 48   009 in 2022/23 and 53   609 in 2023/24. This trend suggests that vulnerable workers and enforcement agencies are using the CCMA more actively to secure compliance with wages, hours and leave standards, particularly after the economic shocks of COVID‑19 and the tightening of the national minimum wage regime. ​ Caseload volume, efficiency and sectoral concentration Total referrals have stayed very high over the decade, with annual totals fluctuating in the 150   000–220   000 range, dipping during the height of the COVID‑19 restrictions and then rebounding strongly to around 184   075 in 2022/23 and 188   619–193   069 in 2023/24–2024/25. Despite this volume, the CCMA continues to meet or exceed its own efficiency targets, reporting that almost all conciliations are set down within 30 days, with average turnaround times of about 25–26 days for conciliation and around 85–109 days for arbitration, even as budgets tighten. Referrals remain highly concentrated in lower‑wage, high‑turnover sectors such as private security, retail, domestic work, agriculture and mining, underscoring structural vulnerability and the centrality of the CCMA for precarious workers. ​ Dismissal mix and emerging themes Historical analyses of the CCMA database indicate that misconduct accounts for most dismissal disputes, with incapacity and retrenchment matters forming only a small fraction of overall dismissal referrals because many large‑scale retrenchments are channelled through section 189A facilitation and the Labour Court. Automatically‑unfair and constructive‑dismissal cases are a numerically small but symbolically important subset, often linked to discrimination, freedom‑of‑association and harassment claims which may be pursued in parallel with Equality Court or Labour Court processes. ​ Predictive outlook: what employers should expect Over the next five years, caseloads are likely to remain elevated as slow growth, high unemployment and restructuring continue, but the nature of disputes will evolve: misconduct will still dominate, yet more terminations will be challenged as incapacity (including incompatibility), operational requirements and automatically‑unfair dismissal grounded in discrimination or protected‑disclosure claims. Intensified national‑minimum‑wage enforcement, proactive outreach in vulnerable sectors and the CCMA’s digital referral platforms are expected to generate further growth in BCEA/NMWA claims, while sustained con‑arb and early‑settlement performance will keep time‑to‑finality relatively stable even under fiscal constraints. For employers, this points to three priorities: invest in front‑end workplace justice (fair procedures, meaningful consultation and alternative dispute‑resolution), professionalise incapacity and retrenchment processes to withstand closer scrutiny, and treat wage, working‑time and discrimination compliance as board‑level risks rather than technical HR issues if they wish to stay off the CCMA’s “frequent flyer” list in the decade ahead. The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work. 2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026 View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026, Employment Equity Reporting,  Annual Employment Conference 2026, Managing Absenteeism in the Workplace, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

In today’s South African workplace, labour-relations practice is no longer simply about following the rules—it’s about actively shaping organisational resilience, managing disputes, and aligning HR strategy with business objectives. As regulatory frameworks evolve and digital workplace tools become more integrated, the practitioners who succeed are those who combine legal acumen, strategic insight, and practical skills. The new labour-relations environment South Africa’s labour-relations landscape is being shaped by three key forces. First, the rapid expansion of case law means that every dismissal, dispute referral or collective action has ripple effects across sectors. Second, transformation and compliance expectations (including equity and data-driven decision-making) are shifting employer priorities. Third, the integration of technology—such as AI, analytics and digital workflows—is changing how labour relations are managed, monitored and resolved. Against this backdrop, the role of a labour-relations professional has grown. It now involves navigating legislation, interpreting outcomes, creating preventative frameworks and partnering with leadership. The need for formalised skills at a higher level is clear—not just for HR teams, but for legal advisors, union officials and workplace-relations specialists. What an advanced qualification offers A comprehensive qualification at NQF Level 6 for Labour Relations Practice acts as a bridge between basic practitioner competence and strategic leadership. It brings together: thorough grounding in South Africa’s labour-relations statutes and case-law outcomes the ability to detect emerging trends such as automation in disputes, digital grievance systems and new collective frameworks structured assessment and workplace-oriented tasks that translate learning into measurable performance. For example, learners gain understanding of statutory structures, dispute forums, negotiation processes and the interplay between operational decisions and legal compliance. Accredited credentials, robust assignments and final integrated assessments ensure that the learning is real-world relevant. Why organisations should care When individuals within an organisation gain deeper labour-relations capability, benefits accrue broadly. You’ll see fewer reactive disputes, more confidence in the IR team, and stronger alignment between HR practices and business strategy. Importantly, transformation and workplace-relations compliance become strengths rather than risks. Investing in teams via a robust qualification also signals to stakeholders—employees, unions, regulators—that the organisation takes people-management seriously. A practical next step If you’re looking to elevate your labour-relations function, the next intake of the National Certificate in Labour Relations Practice (NQF 6) begins soon. It offers a one-year blended format, deep modules and a rigorous assessment path. You can find full details here: National Certificate in Labour Relations Practice – NQF 6 Whether you’re an HR practitioner, legal advisor or workplace-relations specialist, the time to refresh your capability is now—especially as labour-relations dynamics continue to evolve. The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work. 2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026 View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026, Employment Equity Reporting,  Annual Employment Conference 2026, Managing Absenteeism in the Workplace, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

In the quiet hum of the forest floor, ant colonies offer a masterclass in strategy, coordination, and collective purpose. Each ant plays a distinct role scouting, building, defending, nurturing all in seamless pursuit of a shared goal. Their success isn’t driven by hierarchy, but by synergy. This natural blueprint of collaboration mirrors the essence of Broad-Based Black Economic Empowerment (B-BBEE), South Africa’s transformative framework for inclusive economic growth. To truly appreciate the strategic depth of B-BBEE, one must look beyond boardrooms and policy documents and instead embrace the wisdom of the ant colony: progress is exponential when every participant is empowered to contribute meaningfully to the whole. Understanding B-BBEE: More Than Compliance B-BBEE is not merely a tick-box exercise. It’s a strategic imperative that touches every facet of business from ownership and management control to skills development, enterprise and supplier development, and socio-economic contributions. Companies that embrace B-BBEE as a growth strategy rather than a regulatory burden unlock new markets, build resilient supply chains, and foster inclusive innovation. But how does one build such a strategy? Enter the ant colony. The Ant Colony: Nature’s Masterclass in Synergy Ants are the ultimate strategists. Each ant has a role, scout, worker, soldier, queen and none acts in isolation. Their success lies in collective intelligence, decentralized decision-making, and relentless collaboration. No ant is “empowered” alone; the colony thrives because every ant is empowered to act in service of the whole. This mirrors the essence of B-BBEE: empowerment is not about elevating a few individuals, it’s about building ecosystems where everyone contributes and benefits. Synergy in Action: The Power of Collective Empowerment Strategic parallels between B-BBEE and the workings of an ant colony reveal a compelling blueprint for inclusive growth. In an ant colony, scouts identify opportunities mirroring the role of empowered leadership in B-BBEE’s Ownership and Management Control, where leaders chart new markets and partnerships. Workers build and maintain the colony, much like Skills Development initiatives that invest in human capital to ensure sustainable progress. Soldiers protect the colony’s integrity, akin to Enterprise and Supplier Development efforts that strengthen black-owned SMEs and fortify the broader economic ecosystem. The queen ensures continuity, reflecting the long-term vision of Socio-Economic Development, where community investment secures generational upliftment. Just as ants adapt to shifting environments, businesses must evolve their B-BBEE strategies to remain competitive and relevant. This evolution demands a shift from mere compliance to co-creation partnering with black entrepreneurs, investing in education, and cultivating inclusive supply chains that benefit the entire economic colony. Building the Colony of Tomorrow South Africa’s economic future depends on our ability to think like ants strategically, collaboratively, and inclusively. B-BBEE is not just a policy; it’s a blueprint for building a resilient, empowered economy where every participant has a role, a purpose, and a stake. Let us not underestimate the power of small, coordinated actions. Just as ants can move mountains grain by grain, so too can South Africans transform the economy one empowered individual, one inclusive business, one synergistic strategy at a time. The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work. 2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026 View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026, Employment Equity Reporting,  Annual Employment Conference 2026, Managing Absenteeism in the Workplace, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

The Constitutional Court's landmark judgment in Van Wyk has brought welcome clarity to parental leave entitlements, but it has also raised important questions about who qualifies as a "parent" for these purposes. Two particular scenarios deserve careful consideration: foster parents and surrogate mothers. The Van Wyk Test The Van Wyk judgment established that to qualify for parental leave under the Basic Conditions of Employment Act (BCEA), a person must have "assumed parental rights and responsibilities over the child as contemplated in the Children's Act." The Court interpreted this to mean full parental status —such as biological, adoptive, or commissioning parents in surrogacy arrangements—not temporary caregivers like foster parents. Foster Parents: Caregivers, Not Parents Despite the critical role foster parents play in children's lives, the Children's Act, 2005 (Act No. 38 of 2005) makes a clear distinction between foster parents and those with full parental rights: Foster parents are explicitly recognized as "care-givers" under section 1 of the Act Their rights and responsibilities focus on day-to-day care, upbringing, and development They do not have full parental rights such as guardianship or legal parent status Foster care arrangements are temporary, time-limited, and subject to periodic court review Foster parents must comply with social worker supervision and intervention plans Given this limited legal status, foster parents do not automatically qualify for BCEA parental leave under the Van Wyk interpretation. They have not "assumed parental rights and responsibilities" in the full sense required by the judgment—they are temporary caregivers operating under court supervision, not parents with comprehensive legal rights over the child. Surrogate Mothers: Gestational Carriers, Not Legal Parents The position of surrogate mothers under the Children's Act is even more clearly defined: Section 297 provides that any child born through a valid, High Court-confirmed surrogacy agreement is " considered the child of the commissioning parent(s) from the moment of birth ." The Act establishes that: The surrogate mother is legally obliged to hand over the child after birth She (and her spouse or partner) has no parental rights or responsibilities regarding the child unless the agreement is terminated within 60 days and she is also the genetic mother The surrogate mother may only have contact rights if specifically provided for in the agreement She does not have parental status under the Children's Act Her role is limited to gestation and birth —all parental rights transfer to the commissioning parents upon birth This provides clear legal certainty: surrogate mothers would not qualify for parental leave under the Van Wyk test, as they have not assumed parental rights and responsibilities. The commissioning parents, however, would qualify, as they hold full parental status from the moment of birth. The Need for Legislative Reform? While the legal position is relatively clear, it raises policy questions about whether the current framework adequately supports modern family arrangements. Foster parents often care for children for extended periods and face significant demands when a child is first placed with them. Similarly, the distinctions around surrogacy, while legally sound, may not reflect the practical realities of all parties involved. These are matters that may require legislative attention to ensure that leave entitlements align with the diverse ways South African families are formed and structured. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . 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 ! View our upcoming events: Upcoming Events  and Qualifications ,   like AI Compass Capacitation Programme 2026, Employment Equity Reporting,  Annual Employment Conference 2026, Managing Absenteeism in the Workplace, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

In the two decades since its inception, Black Economic Empowerment (BEE) has been both a cornerstone of South Africa’s transformation agenda and a lightning rod for debate. Designed to redress the economic injustices of apartheid, BEE aimed to create a more inclusive economy by promoting black ownership, management, and participation in business. But as we reflect on its impact, a provocative question emerges: Is BEE truly empowering the many or merely enriching the few? The Promise of BEE At its core, BEE was never just about ticking boxes. It was about shifting the economic landscape to reflect the country’s demographics, unlocking opportunity, and fostering sustainable growth. The vision was bold: a thriving black middle class, flourishing black-owned enterprises, and a diversified economy where everyone could participate meaningfully. The Reality Check While BEE has undeniably opened doors for many, critics argue that its benefits have been unevenly distributed. A recurring concern is the rise of a small elite who have disproportionately benefited from deals and tenders, while the majority remain economically marginalised. Compliance-driven scorecards have sometimes incentivised superficial transformation over substantive change. Beyond the Scorecard To move forward, we must ask tough questions: Are we measuring empowerment by ownership percentages or by real economic participation? How do we ensure that BEE supports entrepreneurs in townships and rural areas, not just boardroom deals? Can we evolve BEE to better support innovation, youth employment, and digital inclusion? Reimagining Empowerment The next chapter of BEE must be about broad-based, grassroots empowerment . That means: Supporting black SMEs with access to capital, markets, and mentorship. Prioritizing skills development and education to build long-term capacity. Encouraging inclusive procurement that benefits entire value chains. Join the Conversation BEE is not a static policy it’s a living framework that must adapt to the times. As business leaders, policymakers, and citizens, we all have a role to play in shaping its future. Let’s move beyond compliance and toward true economic justice . Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . 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 ! View our upcoming events: Upcoming Events  and Qualifications ,   like Employment Equity Reporting,  Managing Absenteeism in the Workplace, #ALLU2025, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"

The long-running legal battle between the South African Commercial Catering and Allied Workers Union (SACCAWU) v Putini (JA17/24) [2025] ZALAC 11 (30 January 2025) was heard in the Labour Appeal Court (LAC). The matter stemmed from the employee’s dismissal in 2010, which he successfully challenged at the Commission for Conciliation, Mediation and Arbitration (CCMA). On 24 June 2011, the CCMA ordered SACCAWU to reinstate the employee. SACCAWU launched a review application against the award, but this was dismissed by the Labour Court in November 2015. The Union persisted, seeking leave to appeal, which was initially denied but later granted by the LAC in February 2018. SACCAWU, however, failed to file the appeal record , causing the appeal to lapse in May 2018. While this was unfolding, the employee sought to have the arbitration award made an order of court under section 158(1)(c) of the Labour Relations Act. Although SACCAWU opposed the move, arguing that the matter had effectively been archived under the Labour Court Practice Manual, the employee proceeded once it became clear that SACCAWU had abandoned its appeal. In February 2021, the Labour Court rejected SACCAWU’s arguments and made the CCMA award an order of court. The order included reinstatement of the employee with retrospective effect , full benefits, arrear salaries, and interest dating back to December 2010. SACCAWU appealed, claiming that the application had lapsed due to archiving rules and that the Labour Court had overstepped by granting relief beyond the original arbitration award. The LAC, in a judgment delivered on 30 January 2024, was critical of SACCAWU’s conduct. It noted that the Union had engaged in delaying tactics, misleading the employee into granting indulgences while failing to pursue its appeal. The Court emphasised that labour disputes must be resolved expeditiously and warned against the misuse of procedural rules as a tactical ploy. The LAC upheld SACCAWU’s appeal, but ordered the Union to pay the costs of the matter. The ruling reinforces the principle that labour disputes must not be allowed to drag on indefinitely, especially where workers’ livelihoods are at stake. After nearly 15 years since his dismissal, the employee’s right to reinstatement was finally confirmed. Join us at the Annual Labour Law Update. This year's theme is   Labour Law at the Crossroads:   Adapting to Change in an Uncertain Economy and with Massive Labour Law Reform Impacting Case Law . 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 ! View our upcoming events: Upcoming Events  and Qualifications ,   like Employment Equity Reporting,  Managing Absenteeism in the Workplace, #ALLU2025, Advanced Occupational Certificate: HRM Officer (NQF 6), and Advanced Occupational Certificate: HRM Officer (NQF 6). *All workshops are offered as customised in-house training that can be presented virtually or on-site. "Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance"