Labour and Employment Law

//Labour and Employment Law
Labour and Employment Law2019-04-26T13:56:51+02:00
  • Labour and Employment Law

Do you need assistance with labour and employment law services? We provide a few specific services related to personnel management, human resources (HR), employees and labour and industrial relations generally. Graham Giles is one of the most experienced and knowledgeable lawyers who has concentrated on employment and industrial relations since 1981. He has assisted senior management over many years by applying his experience and knowledge and can do the same to meet your specific circumstances.

Do you need Labour and Employment Law Services?

  • Are your documents in plain language that accurately sets out the rights and responsibilities?
  • Do you have valid restrictions and restraints that are enforceable?
  • Do you have an effective procedure for enforcing standards and terminating employment?
  • Are your policies and procedures current and legally compliant?
  • Do you know how the changes to labour laws impact on your enterprise?
  • Have you structured your enterprise into the necessary decision-making levels as required by the Employment  Equity Act?
  • Are you ensuring that employees are being paid only for the value they create?
  • Have you ensured that there are proportional pay differentials to avoid discrimination?• Do you have sound employment terms, rules, policies and procedures?

How we can help you

The above are all important questions, and you need services that will help you to:

  1. avoid labour-related legal problems, difficulties or disputes,
  2. understand the impact of the labour laws on your enterprise, and
  3. reduce labour disputes and eliminate unnecessary wage disputes.

We have three options for you to choose from, which we set out below. The options complement one another and you may wish to switch between them at different times.

Some organisations want to comply themselves by:

This option is best for those who want to do it themselves alone, at their own pace and keep the cost of compliance as low as possible. There are no recurring fees. You can always start here and then move to one of the other options at a later stage if necessary.

Suitable for:

  • small organisations whose primary business activity is not the processing of personal information,
  • large organisations with a compliance function with the necessary skills, knowledge and capacity.

Some organisations want to comply with our guidance. You can achieve this by joining our Labour and Employment Law Programme. We empower you to comply, and guide you through practical steps. It is suitable for organisations who have an in-house legal or compliance team and who want to keep the costs of non-compliance down, by doing it themselves with guidance.

Some organisations want us to do what needs to be done to comply for them by asking us to provide specific bespoke solutions such as drafting or reviewing their IT contracts and policies. This option often complements the other two options. This is for organisations who want to go at their own pace or have individual specific needs. This is the most expensive option because we take action specifically for your organisation. Our starting point is often to conduct a gap analysis.

If you’re interested, we can quote you a fixed price (on an as-and-when-needed basis) or agree a retainer.

Our Experience

We have gathered a lot of knowledge and advised many organisations, large and small, for over 35 years about labour and employment law issues, including:

  • providing clarity and legal certainty by researching and drafting legal opinions on labour and employment law issues;
  • empowering our clients by providing easy-to-understand labour and employment policies and agreements;
  • advising clients on some of the latest laws, including data protection laws and anti-bribery and corruption laws that they are subject to;
  • reviewing the policies of JSE-listed entities;
  • empowering managers to maintain acceptable standards of conduct and performance by advising them;
  • raising awareness about the latest legal developments by creating and developing the GilesFiles website since 2008;
  • resolving disputes by handling our clients’ alternative dispute resolution processes and investigating employee grievances and potential breaches of standards;
  • managing risks by providing forensic assistance in identifying potential risks;
  • resolving disputes between an employer and their employees by representing the employer in legal forums such as the CCMA and labour court; and
  • raising awareness by conducting workshops and training for managers on labour and employment law issues.

We have a more comprehensive list of the matters we have worked on that is available on request.

Our Clients

Our clients are situated all over South Africa and include marketers, retailers, financial institutions, financial advisors, insurers, software companies, health care providers, the media, industry bodies, pension funds, directory providers, and many others.

How you Benefit

  • Get a new employment contract template (made up of a letter of appointment template and a personnel handbook) that is up-to-date complying with the latest law by asking us to provide you with one.
  • Check whether your existing employment contract template is legally sound and up-to-date with the latest law by asking us to review it.
  • Protect your business by getting employees to sign enforceable restrictions and restraints of trade that comply with the latest court judgments.
  • Terminate the employment of an employee who is not performing or whose conduct is unacceptable in an effective way whilst still complying with labour law by asking for our assistance. We can provide you with the necessary documents, coach you through the process and answer your questions.
  • Resolve employment disputes faster by asking us to advise you on how to conduct disciplinary procedures correctly.
  • Protect your interests, such as intellectual property and confidential information, by requiring employees to sign an exit letter before they leave. We can draft an exit letter template for you.
  • Understand the impact of amended labour laws by attending our seminars, workshops, webinars or executive briefings.
  • Protect your interests and rights and those of your employees using our specially-developed employment policies, procedures, and all other templates for the workplace.
  • Avoid disputes by asking us to draft a simple Disciplinary Code and Procedure for you.
  • Negotiate and conclude collective agreements by asking to advise you.
  • Avoid labour practices that may be regarded as unfair by asking us to help you comply with employment equity laws and issues regarding equal pay for equal work.
  • Comply with the law and with your business needs when paying your employees, by asking us to analyse and report on your organisational and remuneration structure.
  • Appoint a director correctly by asking us to draft a letter of appointment for them.

Interested?

If you are interested, please complete the form on the right or enquire now. We will contact you to find out more about your requirements and give you a quote.