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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"

AARTO aims to introduce a standardised administrative procedure for road traffic infringements, rolling out in stages: Phase 1: Implementation in 69 metropolitan and local municipalities (initially scheduled for 1 December 2025, now delayed). Phase 2: Expansion to 144 additional municipalities (planned for April 2026). Phase 3: Introduction of the Points Demerit System and Rehabilitation Programme nationwide (originally set for September 2026). Why Employers Must Prepare Delays in AARTO's rollout provide a window for employers to review policies and systems before compliance becomes enforceable across broader regions. Key risks include license suspensions that may affect employee ability to perform driving duties and financial liabilities from fines and demerit points.   Administrative Procedure Under AARTO Infringement notices may be issued either at the time of offence, by post, or electronically as per relevant regulations. Employers or company representatives must respond promptly, choosing between paying fines (with a discount if paid early), applying for installment payments, nominating drivers, or submitting formal representations. Failure to respond timeously may result in reduced options (e.g., inability to nominate drivers) and enforcement actions like courtesy letters or orders preventing license renewals. ​   Action Steps for Employers Implement Monitoring Systems Maintain accurate, up-to-date records of all authorized drivers and their details. Use platforms such as eNaTIS to track fines, notices, and demerit points for every company driver. Automate notifications and reminders for every infringement notice received to prevent missed deadlines. ​ Develop a Comprehensive AARTO Policy Define roles and procedures for receiving and responding to infringement notices. Set clear rules for driver nomination and disclosure of relevant driver information. Plan for temporary incapacity and alternatives if licenses are suspended. Address employee misconduct related to driving offences and ensure compliance with reporting requirements. Educate staff about the impact of demerit points and associated financial risks. Financial and Operational Preparedness Investigate alternative work arrangements for staff affected by license suspensions. Prepare acknowledgment-of-debt templates for cases where employee liability is triggered. Allocate budgets to cover expected fines, fees, and associated costs. Increase awareness in the workplace and communicate consequences to all stakeholders. ​    Strategic Recommendations Use the delay to audit existing compliance processes and training programs. Regularly update employees on changing regulations and phased implementation progress. Coordinate with legal or HR advisors to align company policies with statutory requirements.   Employers who act early will mitigate risk, safeguard business operations, and ensure workforce compliance as AARTO phases expand across South Africa. 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 Landmark Judgment: Equal Parental Leave for All Parents ,  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"

Why B-BBEE strategy matters now more than ever In the South African business landscape, a robust transformation framework is no longer optional—it’s central to competitiveness. The evolving regulatory environment, revised Sector Codes, and increased scrutiny on Skills Development, Procurement and Ownership make it essential for organisations to understand how each element of the scorecard works in practice—not just on paper. The real-world challenge: turning compliance into business advantage Many companies approach the Broad‑Based Black Economic Empowerment Act simply as a compliance box to tick. But the organisations that truly gain advantage use the codes to embed transformation into procurement, employment practices and supplier development. For example: Refining Skills Development   initiatives to link bursaries, unemployed learnerships and absorption strategies with measurable scorecard points. Aligning Procurement   spend to ensure that supplier structures—such as 51 % black-owned status—translate into tangible B-BBEE points. GBS SA+2GBS SA+2 Managing Verification-ready evidence   so that what you do internally holds up under audit and doesn’t cost you credit due to avoidable gaps. GBS SA+1 Scorecard elements: how they link and what to focus on Understanding the interconnected nature of the scorecard is key. Ownership, Management & Control, Skills Development, Enterprise & Supplier Development (ESD), Procurement & Supplier Development (PSD) and Socio-economic Development (SED) are all interrelated. Focus areas include: Examining whether current bursary and learnership spend qualifies correctly under Skills Development. Checking your procurement pipelines: are you tracking black-owned supplier performance and aligning spend to strategic goals? Conducting a self-diagnostic of your existing practices to find potential “hidden points” you may be missing. Preparing for verification: common pitfalls include lack of traceability, outdated supplier certificates, or mis-aligned spend categories. Why strategic education pays dividends Rather than reacting at audit time, businesses that invest in knowledge build stronger foundations. Workshops, bootcamps and peer-learning sessions help your team stay ahead of code amendments, industry shifts and verification trends. They provide actionable take-aways—not just theory—which can result in better utilisation of spend, more effective strategy sessions and improved supplier integration. A practical next step If your team would benefit from a concentrated session designed to unpack recent amendments, scorecard mechanics and verification readiness, consider the B-BBEE Bootcamp November 2025  scheduled for 26 – 27 November (virtual) . This two-day event covers recent changes in Skills Development and Procurement, points optimisation, and avoidance of common verification traps. More details are available here: B-BBEE Bootcamp November 2025 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 Landmark Judgment: Equal Parental Leave for All Parents ,  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"