The Compliance Institute Southern Africa (CISA) is a non-profit professional body dedicated to the compliance management profession in South Africa and is recognised by the South African Qualifications Authority as the professional body for the industry. It focuses on the development, training, and accreditation of compliance management members, serving to strengthen the industry. CISA is dedicated to setting, maintaining, and promoting the best practice standards for compliance law in South Africa. An understanding of and adherence to these standards has global application for any compliance professional.

What does CISA mean for your compliance career?

CISA membership can be an important step in any compliance professional’s career. It grants access to a wide network of top compliance officers and unlocks a range of benefits that can help set you apart. CISA endorses both the Compliance Essentials and Compliance Management online short courses from the University of Cape Town (UCT). This CISA endorsement offers students on each online short course a host of key advantages, including student membership.

What are the benefits of CISA student membership?

As a CISA student member, you gain access to the Generally Accepted Compliance Practice (GACP) framework – a set of principles, standards, and guidelines developed by CISA that act as the benchmark for compliance management best practice in business. You’ll also be kept up-to-date on compliance course conferences and training opportunities, and receive discounted rates for a host of forums, workshops, and seminars that can help boost your compliance management techniques.

Gain a one-year CISA student membership per course – free of charge

When you register as a student for one of the UCT compliance online short courses, you’ll be eligible for student membership of CISA. The best part? The one-year membership fee is waived, meaning you won’t have to pay for your student CISA membership for that year. If you choose to complete both UCT compliance courses in one year, you’ll be granted a two-year CISA student membership.

Take a course and qualify for CPD hours

By completing one of the UCT compliance online short courses, you’ll also qualify for 15 Continuous Professional Development (CPD) hours.

The post Become a CISA Student Member appeared first on GetSmarter Blog.

It’s vital for professionals today to understand the importance of compliance in business, as failure to comply with these laws could result in significant business risk. More than that, businesses and individuals who not only comply, but embrace these regulations can use it to their advantage – optimising customer experiences and building consumer trust.

This begs the question, what is compliance in business, and what does it take to remain compliant?

South Africa’s POPI and Europe’s GDPR

In South Africa, the Protection of Personal Information (PoPI) Act states that organisations must do what’s necessary to protect personal information against unlawful access or processing, as well as loss, damage, or unauthorised destruction. Non-compliance in business can result in significant penalties – up to R10 million, imprisonment of up to 10 years, or both.²

These acts and regulations are not just for personal data protection, they are also necessary to facilitate international data sharing. IT law consultant, Professor David Taylor, says, “As long as 20 years ago a law was passed that businesses can’t send information to another country unless that country has a proper privacy law in place, which is why we now have POPI. Europe wouldn’t send us their data without it. If your business is participating in the global economy, it has to comply with certain rules and regulations.”³

GDPR in Europe

Europe’s General Data Protection Regulation (GDPR) was implemented on 25 May 2018 and is intended to harmonise the data protection rules throughout Europe. It grants greater rights to individuals but also imposes significant new burdens on organisations with increased fines and penalties for breach of the rules.⁴

Requiring data protection ‘by design and by default’, in addition to the right to access and the right to erasure amongst others, companies will need to validate their ability to comply with data security, to uphold the extended rights of individuals, to produce documentation and security audits, as well as data breach notifications.⁵

Non-compliance can result in imprisonment of up to 10 years, and up to 4% of global revenue or €20 million, whichever is greater (GDPR) – as well as the accompanying brand reputation damage to those found short.⁶

GDPR in Hong Kong and Singapore

The GDPR primarily affects organisations operating within the EU. However, any company outside of the EU that offers goods or services to data subjects in the EU, or monitors the behaviour of data subjects in the EU will need to have GDPR compliance in business. The location of the organisation that collects the personal data is irrelevant; the rules apply when personal data is collected from an individual who is located in an EU country when the data is collected and processed, whether they are an EU citizen or not. Similarly, the GDPR does not apply to EU citizens when they are outside of the EU.⁷

According to consultancy EY, nine out of 10 companies in Singapore do not have a plan to cope with GDPR.⁸

Hong Kong businesses may be subject to greater data protection obligations under the GDPR than they currently experience under the Hong Kong Personal Data Privacy Ordinance. The key provisions are:⁹

• Consent – The GDPR requires organisations to obtain freely given, specific, informed, and unambiguous consent before collecting personal data from a data subject, unlike in Hong Kong where businesses generally do not need consent when collecting data, unless for marketing purposes.
• Data Protection Officers – The GDPR requires data controllers, or Data Protection Officers (DPO), to implement technical measures to build privacy by design and to conduct compulsory data-protection impact assessments, amongst other measures. There are no equivalent mandatory provisions in Hong Kong.
• Mandatory breach notification – Under the GDPR, should a DPO experience a breach of security, they will need to notify the Data Protection Authority in the relevant Member State within 72 hours of discovering the breach, unless the breach is “unlikely to result in a risk to the rights and freedoms of individuals”. In Hong Kong, there is no mandatory breach notification requirement.
• New and enhanced rights for individuals – The GDPR gives data subjects certain enhanced rights that are lacking in Hong Kong’s policies:
  
  • The “right to be forgotten” – The right to request erasure of personal data that they have posted online.
  • The right to data portability – The right to switch personal data between service providers.
  • The right to object to processing (including profiling).
• Data processors – The GDPR imposes statutory obligations directly on data processors – currently not the case in Hong Kong or Singapore _– including maintaining records of their processing activities. This means that data processors can face repercussions directly for data breaches.
• Appointment of a designated representative – Non-EU business must appoint a representative to act as a point of contact for requests by the supervisory authorities or data subjects and represents the controller or processor.

How this has affected business

Email marketing

In section 66 of the POPI Bill, it states companies are not allowed to send any form of electronic marketing messages – such as emails and newsletters – without being granted permission by the recipients to do so.¹⁰

POPI outlines the following about direct marketing and how companies should act in order to remain compliant in business:¹¹

• Collect personal information directly from the data subject
• Collect personal information for specific, explicit, and lawful purposes only
• Only process personal information with the data subject’s consent
• Don’t keep personal information for longer than necessary
• Make it easy for personal information to stay accurate and updated
• Notify the registrar and appoint an information officer
• Protect the security and integrity of personal information
• Any 3rd party/operator must contractually comply
• You must be able to report on the data if asked to do so
• You can only send direct marketing messages if you have the consent of the data subject to do so
• You may request consent
• The data subject must opt-in to every channel
• Where the data subject has requested a change, or opts out of a particular channel, this request must be honoured immediately

Digital marketing

While marketing via email and text requires an opt-in consent, the digital marketing world falls somewhat in a grey area. To determine whether you need the consent of consumers to serve personalised advertising, or not will depend on what it is you want to do. When it comes to personalised advertising, consent is not the only way to justify it. In the EU, many digital marketers use the ‘legitimate interest’ argument where the impact on consumers’ privacy is measured by the interests of the business. However, efficient data management by recording when, why, and how the information was collected, and that it was only used for the original purpose, will ensure you can demonstrate that your use of data is, or was, compliant.¹²

Communicating with customers

In terms of section 11 of the POPI Act, a consumer may either refuse to accept, pre-emptively block, or require another person to discontinue any communication which may be seen as direct marketing. This includes telephone calls, e-mails, brochures or letters in the mail. Businesses will need infrastructure and systems in place to receive and record consumers’ specific preferences and abide by these expressed preferences.¹³

The business risks

To ascertain your business’s compliance, in lieu of POPI or GDPR, an initial complete survey of the business’s current personal data processing activities should be carried out. This can include its data protection and privacy policies, notices, international data flows, agreements and templates, products and services using personal data, and advertising/marketing activities and operational protocols. Assess which of the existing procedures and policies are adequate, and which are lacking or absent.

Consider the following when reviewing these according to low, medium, and high-risk areas:¹⁴

• The risk of exposure – for example, is this a public-facing privacy notice?
• What category of fines this non-compliance falls under
• Whether there is a nonconformity that was already required under an earlier law
• What reputational concerns are at risk
• Whether something can be made compliant quickly
• Whether agreements with third parties or business operations are at risk
• Whether regulators have already signalled interest in particular areas or issues

The opportunities

When people think ‘big data’, they usually think of major online retailers or social media giants. However, organisations of all sizes and sectors are getting closer to their data to improve and personalise the customer experience. This often creates new opportunities, and can even transform entire industries. The UK’s NHS Business Services Authority utilised recent data that has helped improve patient care and save nearly £600 million.¹⁵

Optimising Customer Experience (CX) and increasing consumer trust through accurate data has shown to drive higher conversions of sales and bring more repeat customers. More than that though, increased data regulations now afford other opportunities, such as legal companies and startups that now offer services to help companies deal with compliance laws. The international business community, for example in Europe, prefers that South Africa should have privacy legislation in place before doing business. Local organisations with ambitious growth strategies should see POPI as a business opportunity. It would eradicate even more barriers erected by international governments for South African executives to successfully embark on doing business internationally.¹⁶

Another opportunity born from POPI and GDPR is the new career path of the data protection officer. This enterprise security leadership role is responsible for overseeing data protection strategy and implementation to ensure compliance with GDPR requirements, and is required by the General Data Protection Regulation (GDPR).¹⁷

The future

The assumption that regulations can be crafted slowly and deliberately, and then remain in place, unchanged, for long periods of time, is an impossibility in this ever-changing, machine-learning, AI age. As new business models, technology, and services continue to emerge, government agencies are challenged with creating or updating regulations, enforcing them, and communicating them to the public at a previously undreamed-of pace. And they must do this while working within legacy frameworks and attempting to foster innovation.

Businesses will need to take more responsibility for their behaviour and comply. It’s going to require legal, organisational and technical measures and there is no silver bullet or shortcut.

“There are two ways that you can see this: either data privacy is just another compliancy issue, and you do what you need to in order to protect your business against legal action; or you realise that your business needs legislation like GDPR and POPI in order to survive and even thrive. Obviously, the latter is the stronger of the two approaches,” says Professor Taylor.¹⁸

Based on the above, it’s clear that professionals who wish to remain relevant in today’s dynamic, data-based business environment need to understand compliance, and at the very minimum, how it affects their industry and clientbase. Because of this, many are choosing to explore compliance management courses in order to gain up-to-date knowledge in legislation, as well as the ability to identify compliance risks and opportunities in their organisation.

University of Cape Town (UCT)
Compliance Essentials online short course

The post The Importance of Compliance in Business appeared first on GetSmarter Blog.

In the same way a country’s citizens have laws and regulations they have to abide by, businesses and organisations have rules and legal regulations they need to follow to help them, their employees and stakeholders to safely navigate their environment. Instead of referring to this set of rules as laws, this procedure is known as compliance.

Ensuring employees are aware of the legal process and how to adhere to it, Compliance Managers have become an integral part of an organisation staying on the right side of the law. Although having to comply with laws and regulations is not a new concept, the establishment of a dedicated compliance department within firms or organisations to detect violations and ensure they are corrected is.¹ In essence, “compliance management is the process by which managers plan, organise, control, and lead activities that ensure compliance with laws and standards”.²

…compliance management is the process by which managers plan, organise, control, and lead activities that ensure compliance with laws and standards.

Sonia Pearson

Why is this important?

As governments clamp down on business laws, the possibility of fines and penalties have prompted companies to take compliance more seriously, and hire the right talent to ensure they remain within the law.³ Ensuring an organisation is compliant can be a costly process, but as former US Deputy Attorney General Paul McNulty states, “If you think compliance is expensive, try non-compliance”.⁴

While the laws and standards specific to your business may vary depending on the size of your company, the jurisdiction, and the industry you are in, there are certain key factors relevant to the role of compliance management as a whole:⁵

1. Compliance managers need to understand their compliance responsibilities and company’s process in order to know whether there are any market trends or new legislation affecting their industry.
2. Ensure employees understand how to adhere to compliance.
3. Align the business functions with compliant procedures.
4. Review processes and operations to make sure compliance requirements are met in all business tasks and activities.
5. Correct and update violations where necessary and relevant.

There are generally two core approaches to compliance management managers can adopt, and both find application in different circumstances.

A Rigid Approach

A rigid approach usually entails little to no deviance from the rules put in place by compliance management, and taking a tough stance when there are violations.⁶ This approach to compliance is usually more applicable to large corporations where extensive research and effort goes into formulating a policy for the company or departments within the company to follow. It would be impractical and inefficient for Compliance Managers to manage company policy purely on a circumstantial basis. Where the system would fail or the company would risk crossing legal boundaries, this type of approach to compliance may be necessary.

If you think compliance is expensive, try non-compliance.

Paul McNulty

A Flexible Approach

Although you can’t take a flexible stance to the law, there are other regulations within a company where a flexible approach may be more appropriate.⁷ Often relaxing certain standards can help productivity or improve workflow if the regulation does not directly impact the ethical or legal principles of a business. It is generally accepted that not every rule can be followed in every circumstance, and exceptions can be made where it is reasonable. Although this model might be more suited to smaller companies as they have the opportunity to assess situations on a case to case basis, this approach can also find application in larger organisations. Where multiple compliance policies are in place, some may come into conflict with each other and propose contradictory standards. In this instance, taking a more flexible approach and judging the situation based on their specific or unique facts might promise a better outcome.

Moving forward with compliance

In today’s competitive business landscape, transparency is essential to building trust with your customers, employees, and stakeholders. Adhering to laws put in place to ensure fair and civil business practice is in an organisation’s best interest. While the necessity for compliance varies across public, private, large and small corporations, investing in compliance is better done earlier rather than later, as the costs of noncompliance can be detrimental to both the financial state of a business, as well as its reputation.

To gain a deeper understanding of compliance risk analysis and management in order to enhance your organisation’s operations, have a look at The University of Cape Town (UCT) Compliance Management online short course.

University of Cape Town (UCT)
Compliance Essentials online short course

The post What is Compliance Management? appeared first on GetSmarter Blog.

Are you interested in stepping into the sought-after role of a Commercial or Contract Lawyer?

Hear from industry expert, and Head Tutor on the UCT Commercial and Contract Law online short course, Melanie Louw, as she answers four frequently asked questions about these two specific areas of law.

1. What’s the difference between Contract Law and Commercial law?

Contract Law is an aspect, or an element, or a subdivision of Commercial Law. See Commercial Law as the big umbrella and Contract Law as a specific element or silo under that umbrella. Commercial Law could encompass other areas as well. So, for example, Labour Law would also fall under Commercial Law. That would be one specific area, such as Contract Law.

2. Why pursue a career in Commercial Law?

Commercial Law is developing in leaps and bounds because we all are in some way or the other involved in commerce, which means that we’re selling goods, we’re selling services, we’re all in employment, and we plow those funds back into commerce.

So, for commercial lawyers, there’s always scope and opportunity because not only can we review the specific entities in which people trade in – we can provide tax advice – but we can also provide sound contract law advice. So, there will always be scope for legal professionals who want to specialise in Commercial Law.

3. What is Commercial Law all about?

Commercial Law is also known as Mercantile Law, and it actually describes it better, because in the old days we refer to merchants or traders – people that sell and people that buy. So, Commercial Law, or Mercantile Law, refers to all transactions where there’s actually a sale or a purchase of goods or services.

4. How does Contract Law affect businesses?

Contract Law affects businesses because all businesses are either providing a service or they’re providing a product which means that they have to purchase, they have to resell, or they have to render services. For each and every one of these transactions, a contract should be in place. That contract states whether those services are being purchased or sold at the specific price and what the terms and conditions are. So, that contract is usually the be-all and end-all of all the transactions that businesses enter into.

The post Your Questions on Commercial and Contract Law, Answered by an Expert appeared first on GetSmarter Blog.

In 2015, the total number of working days lost due to labour disputes in South Africa was 903,921, with the UK and USA losing 169,600 and 740,000 respectively.¹

With such high numbers of production days lost, individuals, businesses and national economies can take massive knocks when labour-organisation relations break down. This is where the Labour Relations Specialist comes in.

To be a successful Labour Relations Specialist, you need to:

• Be an expert in provincial and national labour law
• Represent your clients during law proceedings and public relations
• Keep a close eye on policy negotiation and adherence
• Possess strong communication and negotiation skills

Related content: Use Effective Communication To Boost Performance

What are the key responsibilities of a Labour Relations Specialist?

Labour Relations Specialists possess a wide range of support skills that are directly linked to employer-union relations. Their skills are centered around potential crisis management, and as such they facilitate negotiations between organisations and unions, are responsible for offering legal support during hearings and ensure fair policies are developed and adhered to.

The major role responsibilities of Labour Relations Specialists are those of negotiation, support and compliance:

Related content: 6 Steps To Creating The Ultimate Crisis Management Plan

What is the career path of a Labour Relations Specialist?

With the job outlook in the employment services industry expected to grow by 55% by 2020, there is an ever-present need for future Labour Relations Specialists.² Professionals with a calm professional manner, collaborative work style, respect for diverse populations, and exceptional interpersonal communication skills are in high demand.

A popular career move for a Labour Relations Specialist is to advance into a managerial role. This could be into the position of Labour Relations Manager, or into the broader roles of Human Resources Manager or Human Resources Director.

There are many related career opportunities in the labour law industry as labour relations is applicable in so many facets of managing a workforce. People generally move out of this position before gaining 20 years of experience in it.

Job opportunities related to the role of Labour Relations Specialist include:

• Human Resources Manager
• Human Resources Specialist
• Public Relations Specialist
• Training and Development Manager

What is the potential salary for a Labour Relations Specialist?

Experience plays the largest role in determining the earning potential of a Labour Relations Specialist.³ In such a contentious field of work, being able to prove you can keep a level head and deliver strategic solutions to conflict is a massive boost to desirability.

While experience is the top deciding factor, you can increase your income by adding these supporting skills to your CV:

• Contract Negotiation
• Public Relations
• Workplace Policy skills
• Compliance Management
• Labour Law

Click on a country to see what you can expect to get paid as a Labour Relations Specialist in either South Africa, the United Kingdom or the United States of America:

What are the education and training requirements for a Labour Relations Specialist?

Due to the varying nature of each individual Labour Relations Specialist role in every organisation, there isn’t one standard set of qualifications that you have to possess to enter the career path.

A related Bachelor’s degree is usually required by potential employers, but no further study is considered the norm. Coupled with experience, a Bachelor’s is typically all that is required for a successful entry-level Labour Relations Specialist application.

• Bachelor’s degree: Most Labour Relations Specialists earn a Bachelor’s degree before entering the working world. Appropriate fields of study are those of labour or employment relations, human resources, or industrial relations.
• Related working experience: Seeing as experience is vital to success in this role, many people earn their stripes as Human Resource Generalists before specialising in labour relations. Additionally, employers sometimes require experience within their own company or specific industry, just to make sure you can fill the role effectively.
• Certification: While not considered compulsory, some colleges and universities do offer labour relations and labour law certificates to professionals who prefer greater specialisation in certain topics, such as mediation or litigation. These certificates offer you a better understanding of things like labour law, collective bargaining, and grievance processes.
• Short courses: Because of the plethora of demands a labour relations specialist faces, no one degree can truly prepare you for the job specifications. Contract and Management Law, Compliance Management or Labour Relations courses can give you the experience you need to master the necessary skills.

Which skills do you need next?  

Download a course prospectus to find out how one of these online short courses can help you become a Labour Relations Specialist.

¹ International Labour Organisation
² Human Resources MBA
³ Payscale

The post How To Become A Labour Relations Specialist appeared first on GetSmarter Blog.

In recognition of students who stand out from the crowd, GetSmarter’s Notable Achievers campaign highlights a top-performing student each week.

Melissa was chosen by our Student Success Team because of the commitment, hard work and passion she showed while completing the UCT Paralegal Practitioner online short course.

This online paralegal course sets out to train paralegals by arming students with a broad knowledge of South African legislation, as well as administrative competencies, to ensure they receive the most relevant content, backed by a UCT paralegal certficate.

Here’s what she has to say about her experience:

Why did you decide to take this UCT online paralegal course?

UCT is considered as one of the best Universities in South Africa regarding their speciality in law. This was one of the reasons I decided to join this paralegal course.

It’s more user-friendly to join an online paralegal course in which I could control my own study time. I could go online to study the course material at any stage and refer back to the study material without being worried about traditional study hours, I was comfortable knowing there were discussion forums that I could look back on. I could read what my Head Tutor asked and what other students opinions where. The fact is I felt more comfortable at home.

There was no doubt in my mind that I would love this paralegal course due to the content covered in the modules. The topics covered in the modules were explained in interesting ways and I’ve never studied some of the subjects before. Knowledge is power and I wanted to learn more from an experienced Head Tutor.

What were your concerns before enrolling on this UCT paralegal course? How were your concerns alleviated and why?

I’m not a youngster anymore, and dealing with the internet and the online learning environment was a new concept to me but once I got to know this system, it became so easy to navigate. The technical team that was available 24/7 and helped me with my concerns, actually, they really helped me a lot.

What aspects are you enjoying about learning online with GetSmarter?

I have to say it’s the GetSmarter team. My Head Tutor, my Success Manager and the fellow students all contributed to a great experience. The case studies also broadened my mind, to such an extent that I wanted to know more about the case study and do more research. I couldn’t wait for the new module to be released.

Everybody could see that I was happy because I was learning so much. To be very honest, being in my position I thought I knew everything. Little did I know that I would learn so much in 16 weeks.

Studying with a group of passionate individuals made this course all the more worthwhile. I would recommend it to anybody who wants to consider paralegal as a profession. I am sad that my journey here has come to an end. I would definitely be back soon.

How do you plan to use the skills you learned on this course in your career?

Law is constantly evolving, and I have already applied a lot of the paralegal skills I gained from the modules in my professional role – it’s becoming a lifestyle.

I actually believe that if you have to ask me in the next two weeks what else I enjoyed and applied to my career, I would definitely say everything that I studied would be applied in the correct situation, and the only way you learn is by applying a skill and that’s exactly what I am intending to do!

What does it mean to you to earn a UCT paralegal certificate?

I have always loved UCT, I might come from Springs in Gauteng but I support the Stormers. A few years ago this was still my dream, but now my dream has become a reality thanks to GetSmarter.

I can’t wait for my certificate to be placed in a frame and put on display.

Will you be displaying your certificate?

Definitely! Displaying my certificate is an honour. Having this certificate means that any person whatever obstacle they find in their way can achieve such a certificate

Our Student Success Team identified you as being an outstanding student. Why do you think you are a Notable Achiever and what advice can you give to others looking to do this course?

As much as I would like to accept this the honour goes out to an outstanding institution that had faith in me. The GetSmarter team, my Success Manager, Head Tutor and the fellow students. This honour should go to them as well because the bar was set very high, and I thank them out of the bottom of my heart.

In terms of advice, have a goal in mind from the start, don’t sell yourself short, you can do anything that you apply your mind to. When times are tough to remember your goal, stay motivated.

Have a structure in place what times that you are going to study, stick to that routine, it takes 21 days to learn a new skill and it actually works, mine wrote papers or quizzes on Sundays, because you don’t know when your internet would be down, so it gives you time and once finished you can look forward to your Monday Module.

Don’t beat yourself up if you did not obtain the result that you wanted, you can only learn more from mistakes, so what does not break you makes you stronger.

Want to accelerate your career as a paralegal with an online paralegal course from UCT?

TELL ME MORE

The post Meet Melissa Cronje | GetSmarter Notable Achiever appeared first on GetSmarter Blog.

In recognition of students who stand out from the crowd, GetSmarter’s Notable Achievers campaign highlights a top-performing student each week.

Goolam has just completed the UCT Practical Labour Law Short Course and has been chosen by our Student Success Team for being a top achiever in the course and for maintaining consistency throughout his learning experience.

Here’s what he had to say about his experience:

Why did you decide to take the UCT online short course with GetSmarter?

I’ve been in management positions previously and found many managers probably have the skills to manage a group of people or departments. However, they aren’t familiar with legal labour processes, especially regarding the disciplinary processes.

This resulted in many of them making mistakes, finding themselves on the other side of the law. On the flip side, I also found there are certain employers who exploit their employees, especially employees who don’t understand their rights and how to interpret certain terms. That’s the reason why I took this course. My intention is to be the voice for the voiceless.

What were your concerns before enrolling on the UCT Practical Labour Law course? How were your concerns alleviated and why?

I was sceptical about doing it online because I prefer having contact sessions with peers and tutors. I was also a bit disappointed that the course wasn’t accredited and was worried that it wouldn’t hold any value. This was quickly resolved when I found how interesting the online campus was. The turnaround time to questions posted online and the advice shared was very good. Furthermore, I was also assured that any recognised certificate from UCT will definitely carry weight, and with that, I felt much better.

What aspects are you enjoying about learning online with GetSmarter?

The fact that it is online and available to us all the time was a huge advantage. I could be online anytime and get the response I need. Even though deadlines had to be met, the fact that I could do this in my own time has been the advantage most of the time.

How do you plan to use the skills you learned on this course in your career?

I would like to further my studies in Labour Law. At the moment, I’d like to register with the CCMA. I’m also offering my assistance to my colleagues and friends.

What does it mean to you to earn a UCT certificate?

This means so much to me. I didn’t have an opportunity to study at UCT and having this as part of my CV, I’m sure it will help me stand out. I’m humbled.

Will you be displaying your certificate?

Absolutely. I need that to be an encouragement to me, my wife, my kids and everyone who visits me. It should remind me to further my studies and to follow my dreams. It should also serve as a reminder to others to encourage them to do whatever they set their minds to.

Our Student Success Team identified you as being an outstanding student. Why do you think you are a Notable Achiever and what advice can you give to others looking to do this course?

This has caught me by surprise. I’m humbled to have been nominated twice as a Notable Achiever. The first was after my first two assignments and this one on the completion of the course. I’m not sure why I have been nominated, though, especially since there were so many other participants.

However, to answer the question, I think it’s because I was able to engage with my colleagues, success manager and tutor. I was able to provide in-depth written assignments at times, and always completed my tasks at hand. I wasn’t afraid to ask questions and was able to provide case studies throughout the course.

My advice to students would be to always ask if you don’t understand. Be proactive, read any labour law material, understand labour law terms, sign up to free newsletters from the various labour law sites. This would give you a perfect opportunity to get another perspective of things. When you are handed a written assignment, do research before answering them. And most importantly, love what you do and apply yourself. Thank you once again for the opportunity.

Want to accelerate your career and stand out as a GetSmarter Notable Achiever?

TELL ME MORE

The post Meet Goolam Fakier | GetSmarter Notable Achiever appeared first on GetSmarter Blog.

In recognition of students who stand out from the crowd, GetSmarter’s Notable Achievers campaign highlights a top-performing student each week.

Ian was chosen by our Student Success Team for his engaging presence on the online campus, particularly when it comes to discussions. He has also excelled academically in the University of Cape Town Practical Labour Law online short course.

Here’s what he had to say about his experience:

How has the course benefited your career and/or life?

The course material that was presented during the Basic Labour Law short course was directly relevant to my current position as FTUR for the Union at South African Airways. It gave new directions to engagement at bargaining level as well as CCMA disputes, incapacitation processes, and employment equity principles and contractual rights.

What were your concerns before enrolling on the course? How were your concerns alleviated and why?

Time management for ensuring a correct balance between work responsibilities, as well as engaging efficiently with course requirements and deadlines was questionable at the start of the course as one never knows what to expect. But with each module throughout the course it reflected estimated times needed to complete each section of the modules, as well as great assistance from our success manager, Natasha Hardy, with information shared by her on time management and how to break the work down in steps as to ensure we meet the deadlines. After applying these principles to the first two modules it became second nature for the following six modules.

University of Cape Town (UCT)
Practical Labour Law online short course

What aspects did you enjoy about learning online with GetSmarter?

I thoroughly enjoyed having a subject matter expert one click away. By engaging in the discussion forums provided for in each module, the head tutor Pieter Koornhof engaged and responded swiftly and effectively. As with Labour Law there were extensive debates and interpretations on matter which didn’t only assist with lateral applicational thinking, but it removed the notion of cylindrical thinking and broadened my knowledge base extensively. Being a full time worker this was a great way to achieve further learning without having to be full time in class, as the class was at my fingertips at all times and access was very convenient. For my type of circumstance, studying in this manner will be excellent in being able to actually advance even further in Law when it becomes available through such a great institution as UCT.

Are you doing this course for personal or professional objectives? If so what are they and have you felt you have been able to achieve them with this course?

One thing I believe in is that if you do not challenge yourself on a personal level then your professional growth will be limited. Therefore my approach was dual purpose in that, if I apply and challenge myself to reach personal objectives, then indirectly on a professional level it will automatically have a positive impact. A very important aspect in my job is strategic engagement and also knowing the Law, as well as its interpretation at advanced levels as to be able to apply and enforce it correctly without delay. Therefore this course was a catalyst in servicing these aspects.

Our Student Success Team identified you as being an outstanding student. Why do you think you are a Notable Achiever and how do you continue to do well on the course?

I was quite shocked when I was contacted, as honestly there were many other great students on the same course. It took a lot of time, research and planning to ensure effective application to the course and I can just be thankful for the understanding and support that was provided for me by my loving family, as I had to do a bit of studying in the evenings at home. There are also thanks to be shared with the team of GetSmarter, for their clear and concise direction and always being a phone call or an email away.

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The post Meet Ian Luyt | GetSmarter Notable Achiever appeared first on GetSmarter Blog.

Understanding the differences between contract law and commercial law is important for the success of any organisation and for you professionally if you’re seeking a career in commerical law or contract law.

Transcription

Contract law is an aspect, or an element, or a subdivision of commercial law. See commercial law as the big umbrella and contract law as a specific element or silo under that umbrella. Commercial law could encompass other areas as well. So, for example, labour law would also fall under commercial law. That would be one specific area, such as contract law.

The post What’s the difference between contract and commercial law? | FAQs appeared first on GetSmarter Blog.

Transcription

Commercial law is developing in leaps and bounds because we all are in some way or the other involved in commerce, which means that we’re selling goods, we’re selling services, we’re all in employment, and we plough those funds back into commerce.

So, for commercial lawyers there’s always scope and opportunity because not only can we review the specific entities in which people trade in – we can provide tax advice – but we can also provide sound contract law advice. So, there will always be scope for legal professionals who want to specialise in commercial law.

The post Why pursue a career in commercial law? | FAQs appeared first on GetSmarter Blog.