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INDUSTRIAL RELATIONS COVER
UNLIMITED COVER FOR:
DISCIPLINARY HEARINGS , APPEAL HEARINGS, GRIEVANCES HEARINGS , POLICIES AND PROCEDURES, EMPLOYMENT CONTRACTS, POOR WORK PERFORMANCE, INCAPACITY HEARINGS, RETRENCHMENTS, WAGES NEGOTIATIONS, STRIKES, UNION DISPUTES, CCMA LITIGATION, LABOUR AUDITS
With an unlimited cover for Industrial Relations we calculate a retainer for you according to your needs, nothing more and nothing less than the cover amount and no surprises. We calculate a retainer based on round trip distance and amount of employees.
Signing up on the Industrial Relations Cover, CCMA –Litigation are included.
Why is this important?
Do it right from the beginning! We have found many cases where there were so many flaws in chairing of disciplinary hearings and cases that were lost at the CCMA that proper procedure were never followed through correctly from the beginning.
As you already know, employers are burdened with the legal duty as per Schedule 8 of the Labour Relations Act that each dismissal must be proved substantively fair (reasons for dismissal) and procedurally fair (correct procedure was followed). We really have to argue extensively these days to persuade a CCMA Commissioner that the disciplinary hearing was a fair process from the start.
Thomas Human Attorneys, specialists in chairing of disciplinary hearings ensure that the disciplining process of an employee is correctly done from suspending an employee, chairing of a disciplinary hearing till we end up in the CCMA.
Thomas Human Attorneys Assists in:
Consultation, advice and perusing of evidence to ensure proper reasons to issue the notice to attend a disciplinary hearing,
Independent Chairperson in chairing disciplinary Hearings,
Written outcome of the disciplinary hearing,
CCMA – Representation
There can be fine line whether an appeal should take the form of a review or a re-hearing. It tends that chairpersons in an appeal hearing make mistakes and follow the wrong process of chairing an appeal hearing.
Thomas Human Assist in chairing of Appeal Hearings:
Advice, consult and prepare company representatives prior appeal hearings,
Independent Chairperson chairing the appeal hearing,
Written Outcome of the Appeal Hearing
Grievance procedures are just important as your company’s disciplinary code and procedure. Chairpersons chairing grievance hearings must be careful in recommending whether there are reasonable grounds for a grievance or not and what effect will the recommendation have on the company and employee.
Thomas Human Attorneys assist in chairing of a grievance hearing:
Advice, Consult, preparation and perusing of evidence prior the grievance hearing,
Independent Chairperson chairing the Grievance Hearing
Written Outcome of the Grievance Hearing
POLICIES AND PROCEDURES:
Policies and procedures are the rules, regulations and guiding principles which you deem most important and for employees to abide by these rules and regulations all the time. Not only is this an important element in employment relations it also is one more less stressing factor coming to the CCMA to prove a rule in your company. Remember, policies and procedures means nothing if those policies and procedures are not implemented properly. Employers spend thousands of rand to have best the policy practice but sometimes fail to implement these costly policies and at the end facing a losing battle at the CCMA as every employer have to prove that there was rule and the rule was broken, the employee was aware or reasonably expected to be aware of the rule. This can only be done if you have proper policies and procedures in place and whether the latter was implemented.
Thomas Human Attorneys assist in:
Drafting of all policies and procedures, disciplinary code and induction manual,
Implementing policies and procedures
Reviewing of current policies, procedures, disciplinary code and induction manual
POOR WORK PERFOMANCE:
Paying a big basic salary seems unfair if employees are not brining you in any business. Dealing with poor work performance should be done cautiously. This can be a tricky one of your job description, key performance areas and performance corrective plans are not in place. Chairpersons chairing poor work performance from the first to the final poor work performance counseling session should make sure that targets, standard and shortfalls to the latter are properly defined and further training, guidance, counseling, instruction and evaluation was done or necessary for the final round after the employee confirmed that he is aware of standards and targets, that the employee understands it properly and that a reasonable time was given in order for the employee to achieve the standards and targets in the agreed period.
Thomas Human Attorneys assist in:
Advice, consult, preparation and perusing of evidence prior the first and final poor work performance session
Job descriptions, key performance areas and performance corrective plans,
Independent chairperson Chairing of First to final poor work performance session,
Written outcome and recommendation of first to final poor work performance counseling session.
CCMA - Representation
Are you still giving sick leave when an employee has no more sick leave left? Coming to this stage you should think about incapacity and rather investigate the matter further and inquire from the employee to submit a medical report from a registered doctor to indicate whether the employee are fit for work or not. Not only does the no work – no pay rules applies, but think about your company in the operational sense. You need a fit and healthy employee that can do the job!
Thomas Human Attorneys Assist in Chairing of Incapacity Hearings:
Advice, consult and perusing of evidence prior the incapacity hearing,
Independent chairperson chairing the incapacity hearing,
Written outcome of the incapacity hearing
CCMA – Representation
Be careful in handing out a smart retrenchment letter stating that your services have been terminated due to operational requirements. A dismissal based on retrenchment can be just as tricky as any other dismissal and it is not always the easiest way out! Retrenchments are a consensus-seeking process and it needs to be done according Section 189(3) of the Labour Relations Act and various consultations with your employees.
Thomas Human Attorneys assists in:
Advice, consult and preparing the Section 189(3) Notice of Intention to retrench according to the Labour Relations Act prior the consultation process with employees,
Consultations with employees
STRIKES, WAGE NEGOTIATIONS AND UNION DISPUTES….
Don’t have a union yet? They might be knocking on your door soon. Unions are just that entrepreneurial than you, and they want that membership fees. Union representatives act almost like attorneys and need to operate according instruction of employees. Even if you have a union in your work place they will soon, if they haven’t already, start negotiating on salary increases, bonuses, performance bonuses, etc… Know the status of your union whether they are majority or sufficient representative in your company and they will soon demand all sorts of rights in your company or compelling you to sign collective, closed shop or agency fee agreements, if they haven’t already and you have no idea whether you should or not. Remember, it is difficult to satisfy a union and an unsatisfied union always embarks upon a strike, and it’s not always a legal a strike and at the end of the day, you suffer severe losses.
Thomas Human Attorneys assists in:
Managing union disputes,
Managing Wage Negotiations,
Does your staff have employment contracts? Employment contracts may vary from permanent, fix term, casual, seasonal and also from industry to industry. It is risky when employers constantly renew fix term contracts and then suddenly decide not to renew a fix term contract after expectation of permanent employment was already created. With regards to the type of service you inquire from an employee, you could have actually considered signing an independent contractor agreement. Sometimes there is no need to have an employee working all the hours for you as there is sometimes not work to do, why not from start of let those sign a casual employment contract. Employment contracts eliminate majority disputes.
Thomas Human Attorneys assists in drafting of:
Permanent Employment contracts,
Fix term Employment Contracts,
Seasonal Employment Contracts,
Project Base Employment Contracts,
Casual Employment Contracts,
Independent Contractor Agreements,
Any other agreements.
JUST THINK ABOUT IT……..
Having a look at recent stats, you will note that the majority disputes relates to unfair dismissals. It is so quick and easy for an employer to make a mistake as an Employer has a legal duty in terms of Schedule 8 of the Labour Relations Act 66 of 1995 to ensure that each dismissal was both substantively and procedurally fair whether the dismissal relating to misconduct, poor work performance or operational requirements.
Thomas Human Attorneys ensure that each dismissal was done fairly according Schedule 8 of the Labour Relations Act 66 of 1995.
Let Thomas Human Attorneys Complete a full Labour Audit with you and access your compliance ratio.
On site attorneys available for you whenever you need them.
A little advice, it is always good to have a second opinion although you have a current service provider. If you want to know whether they are doing the right thing, complete our surveys!
THANKS FOR VISITING OUR SITE.
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