LABOUR LAW
South African Labour Law is multifaceted due to our political past. Knowledge and compliance with labour law is imperative for the employer in order to ensure the smooth running of business. As labour lawyers we ensure that there is compliance with all the relevant regulations (regulatory compliance).
At Chiba Attorneys, we advise on all health and safety, pension fund and employment issues. We specialize in dispute resolution in the employment environment. Depending on our clients needs, our team may assist in drafting employment contracts and agreements or help to advise on and draft commercially viable policies and procedures.
We have extensive experience in the area of dispute resolution across a variety of private and statutory forums. These forums include the various bargaining council’s including The Council for Conciliation, Mediation and Arbitration (CCMA), the High Courts, Labour Courts, Labour Appeal Court as well as the Pension Funds Adjudicator.
Our Services Include:
- Employment Agreements.
- Drafting of policies and procedures.
- Legal advice and guidance on health and safety regulations and agreements.
- Dispute resolution through mediation and arbitration.
Our experienced attorneys are able to assist and advise on the following aspects of Labour Law:
- Commercial transactions such as sale of businesses as a going concern in terms of Section 197 of the Labour Relations Act, assistance in respect of restructuring and retrenchment proceedings.
- Drafting and reviewing of employment contracts, policies, procedures, retrenchment agreements, severance and settlement agreements and restraint of trade agreements.
- Dispute resolution, disciplinary proceedings, CCMA, Bargaining Council, Labour Court, Labour Appeal Court and High Court appearances.
Disciplinary Proceedings
We assist employers with the preparation, chairing and representation during internal disciplinary hearings and private arbitrations. We attend to the chairing of disciplinary hearings on behalf of employers, thereby ensuring that all legal requirements are adhered to. We assist employers by ensuring that they are acting within the parameters of legislation when conducting a disciplinary hearing.
For the Employer, we offer:
- Assistance in the proceedings of disciplinary actions.
- Consulting on the legal procedures required.
- Guidance during disciplinary hearings.
- Chairing of disciplinary hearings.
- Assistance and guidance to ensure compliance with Labour Legislation.
Employment Contracts
We assist companies with the drafting of different types of employment contracts such as fixed term contracts, temporary employment services contracts and permanent employment contracts. We offer assistance to corporations with the drafting, vetting and implementation of contracts of employment.
Section 29 of the Basic Conditions of Employment Act stipulates that an employer must supply an employee, when the employee commences employment, with certain particulars in writing. We assist employers to ensure that they comply with statutory obligations.
HR Policies and Procedures
We assist companies with the drafting of its human resources policies and procedures and disciplinary codes to ensure a motivated and goal aligned workforce. Human resource management forms an integral part of any business. It is of utmost importance that a business ensures that its policies and procedures are in place to regulate and enforce the rules of the company.
Our legal services allow us to assist with the drafting of HR policies and procedures. A motivated workforce is a productive workforce. This is one of the aspects that we keep in mind during the drafting of these policies and procedures.
Dismissals
We represent employers at the CCMA, Bargaining Council and Labour Court in any unfair dismissal, constructive dismissal, unfair labour practice or retrenchment dispute.
Unfair Dismissals
We assist with all aspects of an unfair dismissal case including the following:
- Settlement negotiations.
- Advising on prospects of success.
- Assistance during the legal proceedings.
- Legal representation at the CCMA and Bargaining Council.
- Constructive dismissal disputes.
Retrenchment
We represent employers during section 189 and section 189A retrenchment procedures.
We Offer:
- Assistance with the legal proceedings of a retrenchment.
- Minimizing the impact of a retrenchment.
- Compliance with section 189 and section 189A of the LRA.
- Representation during and facilitation of retrenchment proceedings.
Unfair Labour Practice
We assist with all aspects of an unfair labour practice dispute on behalf of the employer including unfair conduct relating to promotions, demotions, benefits and unilateral changes to terms and conditions of employment.