Training, advice and audits
We give specialised legal advice on every sphere of employment law, such as negotiating changes to employment contracts, assessment and/or drafting of codes of conduct, advice in respect of unfair labour practices, assistance with all union interaction and negotiation, IR Training for management, mediation of employee/employer disputes and/or relations, and conducting labour audits.
We provide legal advice to ensure that discipline is carried out in both a substantively and procedurally fair manner. This includes:
· Providing independent chairing of disciplinary hearings and appeal hearings;
· Drafting codes of conduct and procedure;
· Drafting all formal notices: i.e. a notice to attend a disciplinary hearing, suspension letters, warning letters and letters of dismissal.
Labour court, CCMA and Bargaining Council Proceedings
We supply our clients with legal advice and representation in respect of all matters to be heard at the CCMA, Labour Court and Bargaining Council. These include:
· Representation at pre-arbitration conferences;
· Representation at CCMA and Bargaining Council Arbitrations;
· Engaging in settlement negotiations;
· Representation at the Labour Court on all matters;
· Application to have awards certified as orders of the Labour Court and enforcing same;
· Attending to any other ancillary matters to bring the case to finality.
Dismissal For Operational Requirements
Here we ensure that should our clients embark on a retrenchment route that all the statutory requirements are met and that the retrenchment is effected in a fair manner and with the least prejudice to our client as possible.
The Department of Labour monitors and manages the compliance of employers with regard to employment equity plans and skills development – through the Employment Equity Act 55 of 1998 and the Skills Development Act 97 of 1998. An employer’s compliance with the requirements of the Basic Conditions of Employment Act 75 of 1997 is also monitored by the Department of Labour.
We provide assistance to clients to meet all requirements by adopting a hands-on approach. In respect of the Employment Equity Act:
-Assessment of the company’s present Employment Equity status;
-Rendering assistance in the planning, implementation, monitoring and reporting phase of the Employment Equity Plan;
-Facilitation of Employment Equity Forum meetings;
-Providing training and training materials to employees on the Employment Equity Act, the plan and objectives thereof;
-Assessment of the company’s present compliance.