Labourex offers a range of industrial relations services. Our aim is to regulate the relationship between clients and their employees, whilst preserving the interests of the employer at all times within the realms of the legislative framework governing this highly specialised area of Law.
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 drafted expertly and in a accordance with the sectoral determination (if applicable) governing the industry in which the client carrys on business.
Drafting of contracts of employment.
Drafting of disciplinary procedures for clients
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
ore importantly, what sanction would be imposed for that specific transgression.
Drafting of grievance procedures for clients
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 of clients at the CCMA (conciliations and arbitrations)
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.
Representation of clients at bargaining councils (conciliations and arbitrations)
Representation here, as above, is also offered to clients at all bargaining councils in all applicable industries.
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 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 countrys history. Among the most common reasons for this type of industrial action are a demand for
better wages. Unfortunately, strikes inevitably are couples 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.
by employees are within the realms prescribed by legislation.
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 rescission and condonation applications
here may come a time when you as an employer will receive a judgement, 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 judgement 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.
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.
Telephonic Email advice/support.
Labourex clients will enjoy telephonic advice/support system thus making it possible to ensure your
every move is in conducted in accordance with our advice.