Litigation

01

Conciliations and Arbitrations at the CCMA or Bargaining Councils

As an Official of the South African United Employers Organisation (SAUEO), I have the right to represent fellow members (employers) at the CCMA and Bargaining Councils. When employees or their representative Trade Unions refer disputes to the CCMA or Bargaining Councils, I act for the employer at Conciliation and Arbitration. This involves consultation with management and witnesses; preparation of evidence-in-chief and cross-examination; preparation of arguments and case law; representation at Conciliation and Arbitration and all pleadings associated therewith. In light of 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 have the necessary legal expertise, knowledge and practical skills to ensure success and a positive outcome for the employer.

02

Variation and Rescission Applications at the CCMA or Bargaining Councils

An employer can apply for the variation or rescission of Arbitration Awards or Rulings in cases where the Awards or Rulings were made in error or in the absence of a party. In such matters I lodge the Application and draft all the pleadings on behalf of the employer.

03

Review and Interdict Applications at the Labour Court

As an Official of the South African United Employers Organisation (SAUEO), I have the right to represent fellow members (employers) at the Labour Court. If an Arbitration Award is taken on review by an employer, I lodge the Application for Review, draft all the pleadings and represent the employer in the Labour Court when the matter is heard. A similar process is followed for an Interdict.

04

Bundles and Transcriptions

Every employer who is party to an Arbitration hearing at the CCMA or Bargaining Council, is required to submit 4 indexed and paginated bundles of all the relevant documents on which his case is based. As part of my preparation for an Arbitration, I compile these bundles by making copies of these documents and indexing and paginating each bundle, which I then rely on in the presentation of the employer’s case. Whenever any Arbitration Award is sent on Review to the Labour Court by an employer, the case record has to be transcribed and copies made for use by all the parties involved. I arrange for this transcription and copies to be made and submitted together with the Application for Review at the Labour Court.