Learn

Beg, Borrow, Steal or ChatGPT It – The Risks

The Risk of Borrowing from Other Organisations

What works for one organisation may be entirely inappropriate—or unlawful—for another.

Industries Are Not the Same

Different industries operate under different legislative and regulatory frameworks. Manufacturing, retail, security, education, and professional services each face unique labour risks and compliance requirements. Borrowing a policy from a business in another sector can result in misalignment with sector-specific legislation, codes of good practice, or operational realities.

Bargaining Councils and Sector Agreements Differ

South Africa’s labour environment includes bargaining councils and sectoral determinations that impose specific obligations on employers. A borrowed policy may:

• Ignore compulsory bargaining council provisions
• Conflict with sectoral wage, leave, or working-time rules
• Undermine collective agreements that are legally binding

Using documents that do not align with applicable sector agreements can expose an employer to disputes, enforcement action, and financial penalties.

One Size Does Not Fit All

Unique Organisational Conditions Are Ignored

Every organisation has its own:

• Structure and size
• Operational needs
• Risk profile
• Workplace culture
• Workforce composition

Borrowed policies and procedures often fail to reflect these realities. As a result, they may be impractical to implement, inconsistently applied, or simply ignored—undermining both compliance and credibility.

Policies That Do Not Meet the Organisation’s Needs

A document that looks compliant on paper may not support the organisation’s actual business processes. This creates gaps between policy and practice, which is one of the most common reasons employers lose disputes at the CCMA or Labour Court.

The Compliance Risk

Borrowed or generic documents may:

• Deviate from current South African labour legislation
• Use outdated legal references
• Contain clauses that are unenforceable or unfair
• Conflict with the Labour Relations Act, BCEA, or Codes of Good Practice

When challenged, employers remain fully accountable—regardless of where the document came from.

The Risks of Relying on ChatGPT

ChatGPT can be a useful drafting tool, but it is not a legal authority.

Key risks include:

• Inability to distinguish fact from fiction without expert oversight
• No access to South African case law or workplace-specific precedent
• No understanding of an organisation’s operational realities
• Occasional citation of foreign law as if it applies locally
• Reference to outdated, incorrect, or even non-existent legislation

In some cases, AI-generated content may sound credible while being legally flawed. Accepting such content at face value can have serious consequences.

Invented or Invalid HR Documents: A Hidden Danger

Using invented, borrowed, or poorly adapted policies and procedures can result in:

• Procedural unfairness in disciplinary processes
• Unlawful employment practices
• Increased CCMA referrals and adverse awards
• Reputational damage
• Costly corrective action after disputes arise

Ignorance is not a defence in labour law. Employers are expected to act reasonably, fairly, and in compliance with applicable legislation—even when they are not experts.

Why Expert Guidance Matters

As a business owner or manager, you are not expected to know everything about labour law. However, accepting documents at face value without proper validation is a risk no organisation can afford.

A qualified labour or HR expert:

• Understands South African labour legislation and case law
• Knows how sector agreements and bargaining councils apply
• Designs policies and procedures that fit your organisation
• Ensures compliance, practicality, and defensibility
• Protects the business before disputes arise—not after

Final Thought

Begging, borrowing, stealing—or blindly trusting ChatGPT—may feel convenient in the short term. In the long term, it can cost far more than professional advice ever would.

When it comes to HR policies, procedures, and legal documents, accuracy, relevance, and compliance are not optional. If in doubt, ask a labour expert.

Because in labour law, ignorance is not bliss—it is risk.