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Legal Advisors . Labourex employs attorneys and advocates that have earned reputations as being expert practitioners in the field of employment law.
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Legal Advisors Labourex employs attorneys and advocates that have earned reputations as being expert practitioners in the field of employment law. Aside from its employee’s, Labourex has various associated specialist attorneys to service clients in areas out of the jurisdiction of its head office. All litigation is however conducted by Counsel
Services Drafting of contracts of employment. Contracts of employment are required in terms of the BCEA and essentially determine the terms and conditions on which employees are expected to render their services to the employer. Our contracts are industry specific in that they are drafted in accordance with the relevant governing body.
Drafting of disciplinary procedures Disciplinary procedures dictate the rules and regulations which the employers expects the employee to act within. Such procedures are essential in ensuring that employees understand what conduct would constitute a transgression and more importantly, what sanction would be imposed for that specific transgression.
Drafting of grievance procedures Grievance procedures spell out the correct procedure for an aggrieved employee to follow should such a situation ensue. Such procedures are of importance in ensuring a harmonious relationship between employees and between employees and management. Further, having such procedures in place limits frivolous referrals to the CCMA.
Representation at the CCMA Our attorneys/advocates will represent clients at conciliation and arbitration proceedings at the CCMA. With extensive experience these practitioners are extremely skilled in argument at this level. Clients can rest assured that there interests are in the hands of capable legal professionals.
Chairing disciplinary hearings Chairing disciplinary hearings may appear to be fairly simple, but in reality it is far from so. Most employers are unsuccessful at arbitrations simply because they haven't followed the correct procedure in conducting disciplinary hearings, which include pre hearing formalities. At Labourex, we undertake to ensure that our dismissals are both procedurally and substantively fair before taking a decision to dismiss. We will not impose a sanction of dismissal unless we are absolutely certain that we will succeed at an arbitration, should the matter go that far.
Chairing Ill health/ incapacity inquiries When an employee becomes ill during the course of his employment, and such illness causes detriment to the employer, the employer is entitled to dismiss but only after following proper procedure, which can be sometimes fairly onerous on an employer. The substantive element here is also very important and dismissing an employee for what an employer perceives to be ill health, which often happens, leads to disastrous consequences.
Advising on compliance with legislation The BCEA, LRA, sectoral determinations, and bargaining council collective agreements The above acts and regulations are among such that govern the arena of labour relations. We advise our clients, upon request, where the client is going wrong, or not complying, and also assist the client in invoking the necessary steps/procedures to ensure compliance.
Trade Union management in the workplace Many, if not all employers feel threatened by the introduction of a trade union in the workplace. This is a common misconception. As a client of Labourex, we undertake to manage the relationship between the client and the trade union effectively assuming the position of the client, so that the client does not have to deal with the trade union directly. More importantly we will at all times protect the interests of the employer on intervention by a trade union.
Strike/Industrial action management It is not disputed that South African employers today have been faced with more strikes than ever recorded in this countries history. Among the most common reasons for this type of industrial action are a demand for better wages. Unfortunately, strikes inevitably are coupled with intimidation and acts of violence which almost always adversely affects a business. We undertake to ensure that employees whom embark on industrial action not within the prescribed framework of legislation, are disciplined accordingly. We also assist the client with negotiations in an effort to minimize the extent of potential damage to the business.
Assistance with compliance order issues (Dept. of labour and bargaining councils) The department of labour has exclusive jurisdiction regarding certain issues and example being, and which is most common, relating to an alleged underpayment of wages. Labourex undertakes to manage the relationship between the department of labour and/or the bargaining councils whilst preserving the interests of the client.
Drafting and filing of applications There may come a time when you as an employer will receive a judgment, most commonly, from the offices of the CCMA or bargaining councils, in which you are ordered to reinstate or pay an ex employee a certain sum of money within 14 days. Lets assume that this is the first time that such litigation has come to your knowledge. In such an instance, if you are our client, we will apply for rescission of this judgment to the relevant authority ensuring that you are not unfairly deprived of your money.
Managing retrenchment processes Section 189 of the Labour Relations Act prescribes specific non negotiable procedures that must be invoked by any employer wishing to dismiss an employee or employees for reasons related to operational requirements. Off course, the employer must be able to objectively prove the substantive element, i.e. the reason for the dismissal(s). We assist clients with this procedure from initiation of the process till the completion, ensuring that the provisions of the act are complied with. Failure to properly comply with these provisions could have monumental consequences for an offending employer.
IR Audits As our client, we will conduct a comprehensive labour audit of your existing policies and industrial relations practices and procedures. This audit will consist of a review of these policies and procedures, identifying the shortcomings and advising client accordingly.
24 hour telephonic advice/support. Labourex clients will enjoy an all hour telephonic advice/support system thus making it possible to ensure your every move is in conducted in accordance with our advice. We also have an advice forum on our website managed by our practitioners so that clients may share information from a common knowledge base.
