Page 4 - Business Sense-11.4 - KZN Top Business Awards Supplement -EBOOK
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RISK MITIGATION IN LABOUR LAW:



        HOW PROACTIVE CONSULTANCY SAVES YOU MONEY


                    Johan van Deventer,                                                                                         service tiers to suit different
                     KZN Regional                                                                                               business sizes, industries and
                     Manager, Labournet                                                                                         complexities:
                                                                                                                                ■   Support: Ideal for occasional
                           verything                                                                                              advice or document drafting
                           You Need                                                                                             ■   Comprehensive: Ongoing HR
                     Eto Know                                                                                                     and legal support, including
                      About Labour                                                                                                audits, the facilitation
                       Law Risks                                                                                                  of  labour processes and
                                                                                                                                  litigation
                        South
                       African                                                                                                  ■   Corporate: Strategic
                       businesses                                                                                                 partnerships for large, multi-
                       operate                                                                                                    site organisations with
        within a complex and                                                                                                      dedicated account
        evolving framework of labour                                                                                              management and industry-
        legislation. The risk of non-                                                                                             specific expertise
        compliance is significant,                                                                                               Each tier is designed to reduce
        obvious and direct costs                                                                                                labour costs while enhancing
        include fines, arbitration                                                                                              workplace compliance. Book a
        awards, and prolonged                                                                                                   consultation today.
        litigation. However, the
        consequences extend further:                                                                                            What to Look for in a
        companies may also face                                                                                                 Consultancy
        invasive labour inspections,
                                                                                                                                 When selecting a labour law
        diminished employee morale,                                                                                             consultancy, consider:
        negative publicity, and
        reputational damage that can                                                                                            ■   Expertise: Look for seasoned
        deter clients, investors, and                                                                                             professionals with CCMA,
        prospective employees.                                                                                                    Bargaining Council, and
                                      Hidden Costs of CCMA          ■   Implementing policies and    Download our free labour law     Labour Court experience
         This article explores how    Disputes                        practices to address company    toolkit: www.labournet.com/  ■   National Footprint:
        a proactive labour law                                                                    labournet-labour-law-toolkit/    Labournet operates across
        consultancy helps businesses   Many employers underestimate     specific concerns and best                                South Africa, ensuring
                                                                      practices
        identify and address risks    the hidden costs of defending                               Ongoing Audits and Risk         consistent service delivery
        before they escalate, ultimately   cases at the CCMA or      By identifying and addressing   Assessments
                                                                                                                                  Technology Integration:
        saving time, money, and       Bargaining Council (BC). Even   these gaps proactively, businesses                        ■   From compliance dashboards
        reputation.                   when case outcomes go your    can avoid costly disputes and   Labournet facilitates regular
                                      way, the time and resources                                 audits to monitor changes in     to automated HR workflows,
        The True Cost of Labour Law   spent on preparation, hearings,   penalties.                legislation, company structure,     your partner should leverage
        Risk                          and internal disruption can be   Customised Policies and    and workforce dynamics. These     technology to boost efficiency
                                      substantial.                                                audits help businesses:         and accuracy
         Understanding the risk of                                  Contracts
        non-compliance is the first step   Moreover, CCMA/BC outcomes   Generic and not fit-for-purpose   ■   Stay ahead of legal updates  Proactive labour law
        toward effective mitigation.   are not always predictable. A   employment documents are a   ■   Identify emerging risks  consultancy isn’t just about
        South African labour laws –   small procedural defect can   major source of risk. A proactive   ■   Adjust policies and    staying compliant — it’s a
        including the Basic Conditions   result in an unfavourable   consultancy develops tailored     procedures proactively   strategic investment in your
        of Employment Act (BCEA),     ruling. The reputational damage   policies, disciplinary codes,                           business’s stability, cost-
        Labour Relations Act (LRA),   of being perceived as a non-  and contracts that reflect your   Routine risk assessments   efficiency, and long-term
        Employment Equity Act,        compliant or toxic workplace can   industry, risk profile, and   ensure your compliance   success. By identifying risks
        and others – impose strict    further erode employee morale   operational needs. These include:  strategies evolve alongside your   early, tailoring documentation,
        obligations and duties on     and customer confidence.      ■   A comprehensive disciplinary    business.               training your team, and
        employers.                                                                                                              leveraging technology, you
                                      Value of Proactive Consultancy    code                      HR Training and Capacity      can avoid costly disputes and
        Financial and Operational      Waiting for a dispute to arise   ■   Policies on absenteeism, leave    Building          build a resilient, compliant
        Impact                        is always more expensive than     management, discrimination    Even the best policies are   workplace.
         The financial toll of non-   preventing one. That’s where     and other work place practices  ineffective if managers don’t
        compliance can be significant,   proactive labour law consultancy   ■   Employment agreements    know how to apply them.   Looking to reduce risk, improve
        particularly for small and    delivers real value.            aligned with the BCEA, LRA    LabourNet offers tailored   compliance, and avoid costly
        medium-sized enterprises                                      and sectoral regulations    training and workshops to equip   CCMA disputes?
        (SMEs). Common costs include:  Early Identification of                                    HR and line managers with      Explore Labournet’s labour
                                      Compliance Gaps
        ■   Legal representation and                                 Customised documentation     practical skills in:          law services to see how we can
          settlement fees              Consultancies                ensures consistency in handling   ■   Disciplinary procedures  proactively support your HR
                                                                    disciplinary and grievance
        ■   Downtime during internal    like Labournet conduct      matters, reducing the risk of   ■   Conflict resolution     needs. 
          investigations or Commission    comprehensive risk assessments   procedural errors and CCMA   ■   Absenteeism and performance
                                      and audits of your human
          for Conciliation, Mediation    resource policies, employment   claims.                    management                  T: +27 (0)31 266 6570
          and Arbitration (CCMA)      contracts, and disciplinary                                                               C: +27 (0)82 786 7480
          proceedings                 codes to identify risks early. This   Download our free industrial   Empowered managers are key   E: johanvd@labournet.com
                                                                                                                                W: www.labournet.com
        ■   Penalties for unfair dismissals:    includes:           relations toolkit: www.labournet.  to maintaining a compliant and
                                                                                                  productive workplace.
          these may include reinstatement    ■   Reviewing employment    com/industrial-relations-toolkit/
          or compensation of up to      contracts for legal compliance    Building a Strong Compliance   Choosing the Right
          12 months’ salary for ordinary      and assessing whether    Framework                  Consultancy Partner
          unfair dismissals, and up to      contracts are fit for purpose
          24 months’ salary for       ■   Auditing workplace practices    A robust compliance      Outsourcing labour law risk
          automatically unfair dismissals                           framework is your first line   management is only effective if   SCAN
                                        and aligning such to best    of defence against labour    your consultancy partner aligns   QR CODE
         These costs can escalate       practice                    disputes. It provides clarity   with your business needs.
        rapidly, especially for businesses  ■   Ensuring alignment with    for managers, protection for                           TO SEE
        without dedicated legal teams     sectoral determinations and    employees, and peace of mind   Flexible Service Tiers    VIDEO
        or access to external support.    BC rules                  for leadership.                Labournet offers scalable




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