In South Africa, there is a general misconception amongst employees, that company’s somehow always have all the answers when it comes to Labour Law.
The truth is that everyone who works in a company is an employee: from the cleaner to the director. Some of these employees maybe Labour Law experts, however, the truth is that most people are not. They may know basic of Labour Law for companies, but they are not expert Labour lawyers.
This means that when (not if) a Labour dispute arises, the company does not need to scramble to find a Labour expert or a CCMA specialist, or Google “Best Labour Law Firm Near Me”, all they need to do is pick up the phone and call in their Labour professional.
Industrial Labour disputes are a fact in the South African economy – and as such, at the very least, you need to know basic Labour law for companies in order to avoid issues. Unprotected strike negotiations, hostile workplace issues and other such scenarios could often be completely avoided by an employer having basic Labour Law knowledge.
From bargaining council meetings to Labour court, from basic contracts of employment to restructuring agreements: there is more of a need to have a lawyer on call than ever before.
Our services are not just limited to resolving Labour disputes. Using a specialized lawyer ensures a review of service level agreements, lease agreements, or any other number of Commercial Legal Disputes a company may encounter.
Can the employer force Vaccinations?
Saving your business
Not all companies can afford in-house council (i.e. in-house specialist Labour Lawyers ). They often outsource to specialized Labour Law firms (such as us, Moolla Attorneys Inc.), who have unique approaches and experiences in such matters.
Labour lawyers who are outsourced are often done so through a mechanism called Employer Organizations, or to some, maybe known as ‘Employer Unions’. An Employers’ Organization is a collective organization of manufacturers, retailers, or other employers of wage labour. Employers’ organizations seek to coordinate the behavior of their member companies in matters of mutual interest. Often done so during negotiations with trade unions or government bodies.
Employers’ organizations operate like trade unions and promote the economic and social interests of its member organizations.
Under Rule 25 of the CCMA, during conciliation, an employer can represent themselves or they can be represented via an Employer Organization.
During arbitration, Rule 25(1)b expands on this, allowing lawyers to appear for employers (or for employees). However, in certain instances, a CCMA commissioner could object to CCMA legal representation.
With our specialized experience in these matters, we can offer you employer assistance at the CCMA.
How to run a Disciplinary Hearing
Unethical Employer Behaviour
We also believe in helping all people -not just our retainer clients. To do this we have created many educational videos. Each of these videos specialize in particular aspects of Labour Law, which could be very beneficial to you as an employer.
It is important to note, these videos are generic in nature, and, should you require additional or personalized insight into your specific case, you are welcome to contact us for any assistance!
Insolence in the workplace
Preparing your questions
