Labour Law / Employment Relations-GRIESSEL CONSULTING (PTY) LTD
Labour Law / Employment Relations
A broad range of services to assist organisations with Employment Relations Management and legal compliance
We provide legal advice in terms of current labour law developments and assist with the practical implementation thereof.
We liaise and correspond with unions, dealing with disputes, negotiations, organisational rights and industrial action. We also correspond with other legal repressentatives, the CCMA/Bargaining Councils and government departments.
We handle those difficult conflict situations. We conduct (or assist with) meetings, consultations and investigations at the workplace and interact directly with staff as may be necessary.
We also assist with or handle CCMA disputes, inlcuding legal arguments and technical issues.
We believe that many problems can be avoided by starting out with legally sound and pre-emptive contracts, policies and rules in place. We draw on years of experience in the field to draft these documents with a view to avoid potential problems and with legal risk exposure in mind.
We do not offer generic templates, as every organisation is different and these documents must be relevant and serve a purpose. The procedures must also be manageable and viable in terms of the size of the particular enterprise and the resources available. All our contracts, poicies, procedures and forms are customised for the client.
Termination of employment
Compliance with labour law as well as the common law / contractual law is required whenever an employee's employment is terminated. In South African law, termination of employment must be both lawful and fair in order to avoid legal accountability, as employees may elect to use their common law remedies as opposed to going the labour law route.
Dismissal must meet the fairness requirements in the Labour Relations Act, but there are many surrounding issues related to termination of employment that could lead to litigation. These include fixed term contracts, constructive dismissal, restraints of trade, separation agreements, retirement, disability, set-offs an the like.
Very specific procedures and requirements apply whenever employees' jobs or terms and conditions of employment are likely to be impacted by operational restructuring. It may involve internal restructuring, outsourcing or a transfer of the business and more often than not, may result in redundancies.
Such a process should not be attempted without professional assistance, as it involves many legal technicalities and requires focused consultations, often with union involvement. We have sucessfully completed many of these processes on behalf of our clients.
We are available to chair all types of workplace enquiries / hearings - ranging from disciplinary hearings, incapacity enquiries, grievance enquiries, or fact-finding investigations.
We are conscious of the fact that workplace enquiries should not be rigid or litigious, but that a disciplined exchange of information is nevertheless necessary in order to determine facts in dispute.
Our past experience as magistrates enables us to deal with evidence evaluation appropriately and to be objective without fear or favour. We provide comprehensive findings reports and reasoned recommendations.
Human Resources support and mentoring
We assist, coach and mentor Human Resources professionals in respect of their ER-portfolios and general legal exposure. We have cultivated long-standing relationships with several HR-specialists, continuing to add value even when they change employers or consult independently.
We accordingly have access to highly trained and experienced HR consultants, who in turn can provide specialised HR services to our clients, should this be required. This inlcude training, staff development, performance management, recruitment, remuneration and reward.
Training workshops / presentations
We offer customised and highly interactive 2-day disciplinary training workshops for initiators (basic) and chairpersons (advanced). We ask a flat fee for up to twelve delegates and comprehensive workbooks are provided. These are in-house workshops upon the request of clients.
We are also available to do presentations or management briefings on any labour law topic. Our HR Associates are available to do supervisory training, performance management training and employment equity committee training.
Advice is only a phone call away
Drafting contracts of epmloyment
A-typical employment scenarios
Drafting policies, procedures, codes
Correct wording must be used to avoid legal risk exposure
Assistance with CCMA matters
Chairing Disciplinary Enquiries
Notice, constructive dismissal
Negotiaitons, organisational rights, disputes, workplace issues
Discrimination, harassment, equal pay, EE compliance
Remuneration and reward
Benchmarking, remuneration policy, incentive schemes
New laws, changes in economic environment