Retainer/Ad Hoc

01

The contract of employment forms an integral part of any employment relationship and is essential in determining the rights and obligations of both parties. I provide contracts that are tailor-made to the unique needs of every business as well as in compliance with specific industry and legislative requirements. There is no substitute for experience when it comes to drafting well-written and watertight agreements which make provision for every possible scenario.

02

Policies and Procedures are invaluable tools when it comes to regulating the working environment. They provide a framework for employers to ensure consistent enforcement of workplace rules and to manage workforce expectations effectively. I provide companies with a manual which contains 5 policies and procedures which are indispensable for the efficient running of a business i.e. Disciplinary, Incapacity, Absenteeism, Substance Abuse and Harassment. These policies and procedures are applicable to all types of organisations, but are adapted to suit the specific requirements of each business. Any other policy can also be provided on request.

03

An employee’s compensation and benefits package is a crucial component of his total job satisfaction and the right structure can lead to better employee retention and improved overall performance. I advise on the best pay structure to suit the business model and also ensure legislative compliance. I can also assist with job grading in order to determine the value of a position for the purpose of remuneration.

04

Performance Management is an important tool to help businesses achieve success and increase their bottom line. Effective performance management can lead to higher levels of employee satisfaction and engagement as employees feel empowered knowing that their efforts are being measured and recognized. I advise on the implementation of performance management systems that have fair and measurable criteria and can lead to increased productivity and improved morale throughout the organisation.

05

Dispute resolution is an opportunity for parties to reach a desired outcome internally quickly and cost-effectively, without referring their disputes to external forums where it is not only time-consuming and costly, but also impersonal, unpredictable and damaging to relationships. Through a combination of consultation, mediation and negotiation, I facilitate meetings between employers and employees (including their trade union Shop Stewards and/or Union Officials where applicable) to resolve their employment disputes amicably.

06

In order for companies to be objective, fair and unbiased in enforcing workplace discipline, it is advisable to outsource the role of the chairperson in a disciplinary hearing. Based on my legal background as a Public Prosecutor, Magistrate and practising Attorney, as well as many years experience as an HR and Labour Law Professional, I’m perfectly suited for this role. I not only have the required legal knowledge and practical adjudication skills, but also the necessary patience, firmness and confidence to provide a suitable outcome that will withstand the scrutiny of the CCMA or Bargaining Councils in terms of both procedural and substantive fairness. My turnaround time for outcomes is usually 2-3 days and I also act as Initiator on behalf of companies in high-profile Disciplinary Hearings.

07

The COVID-19 pandemic has had far-reaching and devastating economic consequences across the globe. As a result, the corporate world is still undergoing a period of tremendous change in trying to adapt to the disruption caused by COVID-19. I advise companies on how to re-structure their workforce in order to increase operational productivity and efficiency and to reduce labour costs. I also advise on the implementation of short-time or temporary lay-offs as cost-saving measures as an alternative to retrenchment. If a company contemplates retrenchment, I manage the entire process and facilitate consultation sessions with the affected employees in terms of section 189 of the Labour Relations Act, 66 of 1995 (LRA). When businesses are transferred as a going concern in terms of section 197 of the LRA, I assist with the whole process to ensure a smooth transition of the workforce.

08

The productivity and efficiency of many employees are negatively impacted by aspects like their ill health, injuries, incompatibility, incompetency and poor work performance. I assist employers with incapacity matters by managing the complete process and facilitating individual consultation sessions with the affected employees in accordance with the requirements of the Code of Good Practice Dismissal.

09

Trade Unions provide a mechanism for dialogue between employees and employers, which helps build trust and commitment and ensures that employment issues can be identified and resolved quickly and fairly. However, maintaining a healthy relationship with a sometimes difficult and militant union can be very challenging. I assist employers right at the start when Trade Unions apply to exercise organisational rights in the workplace in terms of section 21 of the LRA. I then draft a comprehensive and all-encompassing Recognition Agreement which ensures that the Trade Union’s organisational rights is properly regulated and exercised in accordance with the provisions of Chapter III of the LRA. I then represent the employer at internal union meetings, wage negotiations and dispute resolution with Shop Stewards and/or Union Officials in order to establish and maintain a meaningful and agreeable relationship.

10

Due to the current economic recession and high cost of living, strikes and protest action are unfortunately very prevalent and it remains part and parcel of our Industrial Relations framework. Many employers don’t have the necessary experience or skills to deal with these incidents adequately. I assist employers with strikes and protest action by managing the incident in a way that is the least disruptive and damaging to their business.

11

Because labour legislation, industry standards and sectoral practice constantly change and evolve, a comprehensive HR, IR and Labour Law compliance audit is absolutely essential for companies to not only become more compliant, but also be more legitimate, fair and trustworthy. I provide employers with a complete HR, IR and Labour Law audit questionnaire that identifies all the material breaches, gaps, challenges and problem areas and I then propose an action plan to rectify it.

12

Based on my broad legal knowledge and experience I provide general advice not only on HR, IR and Labour Law issues, but also on matters pertaining to other fields of law i.e. Criminal, Civil and Family law.

13

Every business owner should have the comfort of having expert legal advice at his fingertips for those urgent issues that require immediate attention. As part of my retainer services, I provide same day e-mail and telephonic support. Companies that are not on a retainer can book an online consultation or alternatively send me an e-mail or call me to arrange a consultation.