Industrial Relations & Labour / Employment Law

Employment law compliance audits

Is your company 100% compliant in terms of employment laws ?

We can assist with Employment law compliance audits. This will not only give you the peace of mind in knowing that you are, but will also point out areas that you can improve on.

Employment contracts and Agreements

Having the correct Contract in place is crucial to any employer. We continuously see employers struggle with having to distinguish between the different type of employment contracts as well as between employment contracts and Independent Contractor’s. It is crucial that employers use the contract according to their specific situation and also that their contracts are compliant with all relevant legislation.

Our services include:

Advice on the different type of employment contracts and what will be the best fit for your company.
Advice on the difference between Employment Contracts and Independent Contractor’s agreements.
Drafting of Employment Contracts.
Drafting of Independent Contractor’s Agreements.
Review and updating of excising Employment Contracts.
Review and updating of excising Independent Contractors Agreements.

Policies and Procedures

What good are Policies and Processes if it is not or cannot be implemented and applied practically? Policies and Procedures should be:

Clear and to the point.
Understandable.
Implemented employees (with proof).
Applied Consistently.
Reviewed and updated as needed.

Our Services include:

Policy and Procedure compliance audits.
Drafting of Policies and Procedures.
Reviewing and updating existing Policies and Procedures.
Assistance with the Implementation of Policies and Procedures.
Assistance with communicating Policies and Procedures to all employees.
Training on Policies and Procedures to employees and managers.
Advise on Policies and Procedures with regards to compliance.

Discipline Management

Disciplinary Processes

Workplace discipline is one of the most challenging management issues in the workforce today.

All cases cannot be treated in the same way. Fairness is required and we cannot use words like always and never. Our minds should be applied to each individual situation while considering natural justice and consistency. Workplace Discipline forms part of Employee Relations which involves the escalating disciplinary process after rules have been communicated.

At HR & Labour Consulting we ensure complete compliance with all labour laws and practices.

For you to take disciplinary action within your workplace you need to do the following:

Make sure that you have rules and standards within your workplace or business. This will be your disciplinary code and relevant policies and procedures.
Make sure that your rules and standards are valid and reasonable with reference to the needs of the workplace or business.
Employees should be made aware of any rules and standards within the workplace or business. The Disciplinary code and relevant policies and procedures should be implemented and communicated to each employee.
MOST IMPORTANTLY – the rules and standards of your workplace or business should be applied consistently

Our services include:

Workplace Discipline processes and compliance
Review and update of current Disciplinary Codes, Practices, Policies & Procedures
Drafting and implementation of Disciplinary Codes, Practices, Policies & Procedures
The Communication of desired Behaviour within the Workplace
Training on workplace discipline to relevant Managers
Advice and guidance on Disciplinary options
Drafting of disciplinary documentation such as notices and warnings

Disciplinary Hearings

Disciplinary Hearings are a common occurrence in the Workplace and forms part of the Disciplinary Process of any Company. Disciplinary Procedures should be substantively and procedurally fair.

It is preferable that an unbiased third party chair the Disciplinary Hearing. The chair should also have no prior knowledge of the events.

Our services include:

Initiating of Disciplinary Hearings
Preparation for Disciplinary Hearings
Investigations for Disciplinary Hearings
Chairing of Disciplinary Hearings

Dispute resolution

CCMA Assistance and Representation

At HR & Labour Consulting we have standing in the CCMA to represent employers as consultants.

HR & Labour Consulting can assist in the following ways:

Guidance and Consultation on matters
Prepare and assist with the packs you will need to prove your case
Representation (only Employers)

Alternative Dispute Resolution

We advocate for our clients, seeking a fair resolution within a timeframe. At HR & Labour consulting we can assist with all your Negotiation, Mediation and Arbitration Needs.

Alternative Dispute Resolution is a system of dispute resolution that uses a variety of informal processes as a means of resolving disputes both inside and outside of the court system. It involves third-party interventions and processes such as fact-finding, problem-solving, relationship-building and mediation and arbitration in the dispute resolution process. It also seeks to find reconciliation between disputing parties and promotes a win-win situation.

Alternative Dispute Resolution processes are informal, flexible, voluntary, consensual, interest-based, relational, and future-orientated.

We assist with all three primary processes:

Negotiation

Negotiation is a method of dispute resolution is a private, voluntary and consensual process where parties need to resolve their differences by means of an agreement that will govern their future relationship. Negotiation will move through four stages namely, an orientation stage, positioning stage, bargaining stage and a close-out stage.

Mediation:

Mediation is a process that is private, voluntary and consensual, where the parties agree to resolve their dispute through the intervention of a third party. This third party is known as the Mediator who should be impartial and accepted by both parties.

A mediator has a directive function but it is restricted to guiding and assisting the parties in their negotiations.

Conciliation:

The Conciliation process is a form of mediation, with the difference being that the third-party (conciliator) takes a more directive approach during the mediation and may make a recommendation in regard to the outcome.

Facilitation:

Facilitation can be used in situations where reaching an agreement is not necessary. For instance, at a workshop, conference or meeting, a facilitator could assist the parties in communicating with each other.

Facilitation is extremely well suited to creative problem solving rather than specifically settling disputes. Facilitation is also used in group dynamics as a means of assisting the group and individuals within a group to come to certain personal realisations. Facilitation is more flexible, less structured and has more potential uses than mediation itself.

Arbitration

In the process of Arbitration, the parties voluntarily and jointly ask a third party to hear both sides of the dispute and, thereafter, make an award which the parties undertake in advance to accept as final and binding.

The following are derivatives of arbitration:

Expedited arbitration
Documents-only arbitration
Quality arbitration
Final-offer arbitration

Retrenchments and Restructuring

This is a very sensitive process for both employer en employee. It is therefore crucial that is done correctly. Not following the correct procedure could also land employers in Labour Court.