How to approach AARTO, Proactively

The recent Constitutional Court finding that the AARTO Act is aligned with the Constitution adds another “to-do” item to the list of all organisations. The impact of AARTO is broad and deep, and as is the case with employment equity, organisations need to start identifying how to implement, monitor and evaluate AARTO. The potential impact of AARTO on business continuity, labour relations processes, and liabilities, as well as risk management, is significant.

AARTO will require a range of interventions in order to ensure an integrated, comprehensive, and legally compliant approach. These will include –

• Conducting an impact assessment of the stakeholders, documents, capacitation requirements, processes, and systems required;

• Developing a comprehensive AARTO policy;

• Drafting employment contract clauses and annexures pertaining to rights, obligations, and acknowledgment of debt;

• Revisiting disciplinary codes and grievance procedures;

• Reviewing job profiles for positions where having an active driving license is material;

• Developing training material;

• Designing logbooks and related tracking systems;

• Appointing proxies;

• Appropriating costs and expenses associated with fines and penalties, as well as the costs of potential rehabilitation and re-application for a license;

• Remunerative arrangements while an employee may be suspended from driving;

• And much more.

Specifically, organisations could adopt the following approach –

Step 1: Create Awareness on AARTO and collaborate with key stakeholders

• Develop a change management process and assign responsible persons

• Inform employees of new legislation and its impact on the business

• Advise that changes in policies, contracts, and procedures are needed and why.

Step 2: Amend policies and procedures

• Company vehicle policy;

• Disciplinary code;

• Implement a procedure to monitor infringements by staff (eNaTIS) and reporting of infringements.

Step 3: Amend Contracts and draft addendums

1. Consent to eNaTIS

2. Disclosure of Infringements

3. Liability for fine (AOD)

4. No work no pay / potential incapacity – license suspended

Step 4: Consult with Stakeholders on proposed amendments

1. Workplace forums.

2. Trade unions.

3. Allow time for feedback.

4. Not asking for permission – only consultation.

Step 5: Address concerns and representations and provide feedback (context is always important)

Step 6: Implement changes and train

1. Set an effective date.

2. Train all staff on changes.

3. Obtain signatures on amended documents/policies.

4. Develop memos and SOPs.

If you need assistance in respect of AARTO, please email Justine Weddell at justine@kirchmannsinc.co.za or email cynthia@globalbusiness.co.za