We adopt a very hands-on approach when it comes to our clients and strive to understand our clients’ businesses and their employees. We are able to provide thorough and cost effective advice on a range of issues across all disciplines. Should we have a relevant contact or source at our fingertips (such as industry contact) we will, of course, bring their expertise to bear on the issue. Should we be instructed to provide you with a written opinion this will not be burdened with legalise and will set out the practical solution to the problem at hand.
We are well experienced in both applying for relief and defending at Court. We manage all aspects of the litigation from consulting on prospects of success to the ultimate enforcement of any order of Court. While we will advise you to brief counsel where the matter warrants it, we do appear in Court regularly and have no hesitation in doing so. Although our firm is based in Cape Town, we have a close relationship with our correspondent attorney in Johannesburg; we have been working together successfully for over a decade. We will, of course, travel for the purposes of any litigious matter should you instruct us to do so.
We are able to assist you in avoiding, mitigating or preventing strikes, lockouts, go slows and illegal work stoppages.
We assist employers in ensuring that, should a dismissal be required, this is done fairly so as to reduce the risk of CCMA referral or litigation. We encourage our clients to contact us prior to dismissing any employee. We routinely chair disciplinary hearings across a broad range of industries and are well experienced in hearings involving misconduct, incapacity due to poor performance or incapacity due to ill health. Should you instruct us to chair a hearing for you, we will provide a written recommendation as to the correct sanction (if any) to be applied. We will be available to discuss our findings and recommendation and will appraise you of the risks of implementing or failing to implement any sanction.
If you are contemplating small or large-scale retrenchments we will guide you through the consultation, settlement and/or termination processes in compliance with the applicable legislation.
CCMA / Bargaining Councils
We will manage any CCMA matter from start to end should we be instructed as such. Such management will include all necessary liaising with the CCMA, opposing parties, witnesses and the like, before and after the hearing.
In respect of conciliation we will be available to assist at conciliation, draft any necessary settlement agreements, and – where we have a mandate to do so – will attend conciliation on your behalf.
Prior to arbitration, we will attend to all preliminary matters (including all necessary drafting and attendances at the CCMA) such as in respect of applications for postponement, condonation, representation, joinder, objections to jurisdiction (etc). Prior to the arbitration of the central dispute, we will have identified and prepared all necessary witnesses (and attended to subpoenas if necessary) and prepared the necessary documentary evidence.
Should representation not be allowed due to the nature of the dispute we will thoroughly prepare an employee representative. Preparation will of course be tailored to suit the case but may include preparation of witnesses, drafting of closing argument, etc. We will also attend to applications for rescission should these be necessary.
Drafting of Contracts and Policies
We provide an extensive service with regard to the drafting or review of a range of employment contracts and policy documents.
We are able to provide a full range of industrial relations training. The courses are interactive, creative and designed to equip managers and supervisors to manage their own employees. Training is tailored to implement your policies and procedures in a manner that suits your working environment. The purpose behind training is to empower your employees to understand and implement your rules and standards lawfully, confidently and effectively.
We will assist you in implementing transfers of employees, following any merger or acquisition, in compliance with section 197 of the Labour Relations Act.