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Our primary concern.

Conciliation is the first step — a CCMA commissioner facilitates discussion to reach a voluntary settlement. It is informal and what is said cannot be used later. If conciliation fails, the matter proceeds to arbitration — a formal, adjudicative process where both parties present evidence and the arbitrator makes a binding award. Dr Blumenthal has appeared at 32 conciliations and 21 arbitrations without a single loss.

Possibly — and this surprises many employers. When the Minister extends a Bargaining Council collective agreement, it can bind all employers in that sector, not just those who are party to the Council. Non-compliance can result in significant liability. Contact ArkKonsult to establish your status.

Procedural fairness requires that the employee: (1) receives proper written notice of the charges; (2) is given reasonable time to prepare; (3) has the opportunity to state their case; (4) may be assisted by a fellow employee or union representative; and (5) receives a written outcome and reasons. ArkKonsult chairs hearings and trains managers to run them correctly.

You are not legally required to be verified, but your customers and procurement relationships may require it in practice. An EME with turnover below R10 million is automatically Level 4 — and Level 1 if 51%+ black-owned. ArkKonsult has helped companies with as few as 7 employees achieve and sustain Level 2.

Not necessarily. Ownership contributes 25 points of the scorecard. The other 75 points come from Management Control, Skills Development, Enterprise and Supplier Development, and Socio-Economic Development — none of which require equity transfer. Many businesses achieve excellent levels by focusing on other elements.

The Youth Employment Service (YES) allows companies to improve their B-BBEE level by absorbing unemployed black youth into 12-month paid work experiences. A company that meets the YES criteria can jump up to two levels — so a Level 4 can become a Level 2 in a single verification cycle.

Yes — it is one of the most important documents in your business. Without one, you have no agreed standard of conduct against which to measure employee behaviour, and any disciplinary action becomes harder to defend at the CCMA. ArkKonsult drafts, customises, and implements disciplinary codes for SMMEs.

Yes. The LRA, the BCEA, and the Employment Equity Act apply regardless of business size, with very few exceptions. Your employees can refer disputes to the CCMA, claim unfair dismissal, and enforce their statutory entitlements — even if you only employ 3 or 4 people.

NEDLAC — the National Economic Development and Labour Council — is the statutory body where government, organised business, organised labour, and community representatives negotiate major economic and labour policy. All significant employment legislation must be processed through NEDLAC before being introduced to Parliament.

An SDF is responsible for coordinating training activity, compiling your WSP, submitting your ATR to your SETA, and managing your skills levy claims. Failure to submit a WSP and ATR means forfeiting your mandatory grant (20% of your skills levy). ArkKonsult provides SDF services and manages the full SETA submission process.