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.