Employment Law, Benefits, Industrial Relations and Discrimination2018-07-02T15:51:39+00:00
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Employment Law, Benefits, Industrial Relations and Discrimination

Some of the services offered by the Employment Law, Benefits and Industrial Relations Department include:

Industrial Relations

  • Strategic advice on collective bargaining issues, including the managing of difficult Unions;

  • Strategies for relationship building with Unions;

  • Collective bargaining and collective agreements;

  • Strike management, resolving strike disputes and strike prevention strategies;

  • Drafting recognition and other collective agreements, including Project Labour Agreements;

  • Training on IR issues;

  • Advising on community demands and community involvement at the workplace;

Dispute Resolution

  • Alternative dispute resolution, including negotiations with Unions;

  • Managing discipline, grievances and workplace disputes;

  • Performance management issues and disputes;

  • Incapacity disputes and litigation;

  • All employment-related disputes, including pre-dismissal arbitrations, private arbitrations, conciliation and arbitration proceedings at the CCMA and bargaining councils, as well as Labour Court, Labour Appeal Court and Constitutional Court disputes;

  • Separation and severance agreements;

  • Disputes relating to unfair labour practices and benefits;

  • Urgent Court Proceedings;

  • Executive disputes and executive separation agreements, negotiations and litigation;

  • Audits and investigations into cultural integration and avoidance of potential disputes and remedies;

  • Drafting private dispute resolution agreements;

  • Disputes and Litigation in the SADC countries;

  • Constitutional litigation relating to Employment Law matters;

  • Fraud and dishonesty investigations where we work closely with forensic units.

  • Training on employment law issues;

  • Advice on all labour statutes including the LRA, BCEA, EEA, Protected Disclosures Act, Pension Funds Act and Workmen’s Compensation Act;

  • Advice on application of Occupational Health and Safety Act and the Health and Safety Regulations including the Construction Regulations and representing clients at Health and Safety enquiries;

  • Drafting Restraint of trade and Confidentiality Agreements;

  • Restructuring and retrenchment exercises, including working with Business Rescue Practitioners;

  • Advice on section 197 transfers of undertakings and services agreements;

  • Drafting advanced contracts of employment, disciplinary codes and procedures, grievance, performance and other policies and procedures and recruitment policies;

  • Drafting Labour Broker, service and sub-contractor agreements;

  • On inter-related tax issues we work with leading tax advisors;

Benefits 

  • Advice on retirement funds, medical aid and other benefits;

  • Restructuring of benefits;

  • Remuneration and bonus policies and structuring;

  • Management of disputes relating to benefits.

EE, Discrimination and BBBEE

  • Employment equity and affirmative action strategies, statutory compliance, and prosecutions under the Employment Equity Act;

  • Employment discrimination disputes, including equal pay disputes;

  • BEE “fronting” complaints and litigation.

Other Specialisations

  • Sports law and disputes relating to employment law;
  • Executive employment contracts and company bonus, incentive and productivity schemes and agreements;
  • Banking issues in the employment law context, including FAIS and legislative inter-relationships.
  • Regulatory issues, governance and compliance;

Social Media 

  • Assistance in the development of a general social media strategy;

  • The drafting of a social media Policy;

  • The updating of various policies and procedures in accordance with the social media Policy including the disciplinary code and procedure, the grievance procedure and employment contracts;
  • In-house training and workshops on social media and the implications thereof;
  • Assistance in the development of a social media strategy during industrial action;
  • Racism and discrimination in social media and disciplinary issues.

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