Every employer is challenged to correctly measure their compliance or non-compliance with all Labour Legislation, including Human Resources/Capital or Industrial/Employee Relations of 2014.
The Labour Relations Act 66 of 1995, as amended, stipulates that in order for every employer to act procedurally and substantively fair the employer bears the onus to prove that they followed a fair procedure before dismissing an employee; that there was a rule; that it can show that the rule was communicated (an employee was aware of the rule); that it was reasonable and that it was consistently applied.
The purpose of the Employment Equity Act 55 of 1998, as amended is to achieve equity in the workplace, by
promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and
implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce.
How many employers fail to effectively track the above? Are you confident as an employer that you have insufficient equitable policies and procedures? Can you take the risk of finding out on the day an offence occurs that they do not have the necessary documentation in place and that YOUR policies and procedures don’t match the offence. Are you confident that company rules in place are correctly communicated and HR will not act inconsistently if they want to dismiss? Are you comfortable that you will not act unfairly discriminate?
Success or failure often depends on the following factors:
Determining compliance with, as well as cost of complying with all labour legislation, regulations and guidelines;
Ability to effectively track sourced talent and track equitable career plans, have policies and procedures in place that meet all legislative requirements;
Implementing compliant service and performance agreements;
Having updated and effective equitable IR and HR policies, procedures, forms, rules and processes;
Implementing pro-active awareness steps and measures to prevent human failures;
Having work performance standards and job descriptions/ role profiles;
Maintaining cost effective HR and IR operational systems to correctly implement and measure success and failures;
Being prepared for unplanned change in the operations of business that affects the human factor;
Preventing and controlling all dispute resolution measures.
Critical risks that you could be exposed to, could include:
Losing a case at the CCMA or Labour Court as a result of inconsistencies, poor policies or non-compliance with cost implications
Incorrectly placed, demotivated, overqualified or inexperienced staff with low retention and general work force dissatisfaction
Poor non- standard service delivery of staff, with cost implications
Low retention, high replacement and training costs
Fined for non-compliance to EE legislation
Reputational damage to business due to poor service delivery
Customer and investment loss
The RUBiQ® Business Efficiency Management Solution, is built on international standards, such as ISO 31000, ISO 9001, and fully aligned to driving compliance to critical Labour Legislation to assist you in managing all of your Human Resource Risks and supporting policies and Procedures that must be in place and enforced. The RUBiQ® platform along with the LabourINFO ® Policy and Procedure Library and supporting Labour and Advisory expertise, ensures the maximum benefit for the end client as it provides integrated policy and procedure templates covering Labour legislation which can be effectively entrenched using the automated electronic platform RUBiQ® On-Line Software, www.rubi-q.com.
By using the LabourINFO® Content Framework within the RUBiQ® Platform, every Employer can have the confidence that all IR and HR requirements are clearly identified, measured, monitored and effectively tracked:
IR and HR Online Compliance Audit Management
IR and HR Risk Evaluation
Incident Management and Corrective Action
Tracking and reporting on consistencies
Monitoring and Measuring of IR and HR against all Policies and Procedures
Don’t be a casualty of not taking the right course of action!
In Sidumo & another v Rustenburg Platinum Mines (2007) 28 ILJ 2045 (CC) in the Constitutional Court matter, the company failed to show that they had effectively communicated a rule and that the employee, a security guard in this case, was aware of the rule to search every employee that walked past the security check point. In this case, if the company had been able to track and see whether the employee was aware of the rule and that it was communicated to him, (record by date and time in the system audit trail), he may not have had a defence as he did and the labour laws may not have been so dramatically changed in favour of the Unions. It was a turning point in our labour law as it is today. The cost implications were obviously astronomical. Had the company invested, the small operational cost, to implement a system such as RUBIQ ® the company may have avoided a lot of wasted cost due to time and money to fight the case. In Strydom v Chiloane 2008 (1) SA 247 (T) it was determined that the Labour Court has exclusive jurisdiction to adjudicate matters relating to claims including matters that may have been dealt with under the Promotion of Equality, and Prevention of Unfair Discrimination Act 4 of 2000. However in terms of section 10 of the amended Act in 2014, the CCMA now also has the right to hear certain matters pertaining to sexual harassment as well as where parties consent. The question to answer is how aware are employees of implemented policies and changes and how is it monitored and tracked? RUBiQ ® entrenched for your Labour Compliance will provide you will all the assurance required to know you are covered, and will quickly assist in identifying your compliance gaps in process and procedure failures.