Employment & Labour Law
Labour Law is more often than not considered as a dynamic area of the law, resulting in employer’s / employee’s / organizations finding labour law issues to be challenging, detrimental, as well as harmful to the employee/employer relationship.
At Fourie & Truter Inc, we are not only equipped and experienced in order to assist employers / employee’s / organisations with labour law issues that may arise in the workplace, but also consist of the necessary skills, knowledge and expertise to provide efficient assistance, advise and representation.
Our competencies and service cover the following:
Restraint of trade
Section 22 of the Constitution states that every citizen has the right to choose their trade, occupation or profession freely. However, restraint of trade remains enforceable in law, together with your confidential and customer and/or client information.
Dismissals
It is of the upmost importance that you consult a legal professional prior to taking any steps against an employee – whether it be for poor work performance, dismissals, unacceptable behaviour, disciplinary hearings or retrenchments. Failure to follow the necessary steps in accordance with the applicable legislation, may result in detrimental and unfavourable outcomes.
Legal representation
Although legal representation is now allowed in all labour law proceedings, it remains essential that you consult with a legal professional prior to legal proceedings in order to obtain advice and assistance with regard to presenting your case and the evidence required in doing so.
Disciplinary hearings
Prior to conducting a disciplinary hearing, it is essential that the necessary and required legal documentation is prepared, as well as Notices issued. Despite the preparation beforehand, it is preferable that a third-party act as chairperson for disciplinary hearings, in order to ensure that the outcome is objective and unbiased.
Employment Agreements / Disciplinary codes & practices
It is essential that the necessary employment agreements/contracts are set up prior to employment, in order to ensure that the employee and employer relationship is regulated affectively, and in accordance with the required legislation. Further to this, it is beneficial to ensure that disciplinary codes and practices are put in place, allowing for employees to be aware of practices that are acceptable and unacceptable in the workplace, as well as the consequences to follow for any non-adherence to such practices.
CCMA
It will be to your benefit to consult a legal professional for CCMA matters – whether it be for conciliation (informal – legal representation now allowed), arbitration (formal process whereby arbitration award is issued), con-arb (speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals), unsatisfactory arbitration awards (set aside by way of rescission or review) or the enforcement of arbitration awards (compensation or reinstatement).
Issuing claims
It is of paramount importance that you consult a legal professional prior to processing/issue any claims. This is to ensure that you are fully aware of your rights, what claims you can bring forward, as well as where to put forward your claim.
Legal representation
It can be to your benefit having a legal professional representing you in a matter and fighting your case – this is to prevent any form of fear and intimidation during such proceedings.
Disciplinary hearings
Although representation during disciplinary hearings is mostly only allowed by trade union representatives or a fellow employee, obtaining advice from a labour law professional can assist you with the necessary preparation prior to your case, to allow for the nest outcome and/or result.
Enforcement of Arbitration Award
Subsequent to the order of an arbitration award, we can assist with the enforcement of same – whereby it be for compensation or reinstatement.
Unsatisfactory arbitration award
In the event that you are unsatisfied with the outcome of the arbitration award, we can assist with a review application to the Labour Court. Alternatively, if your matter was dismissed in your absence, we assist with a rescission application to allow you to proceed with your claim.
Restraint of trade
By signing a restraint of trade agreement, does not necessarily mean that same is enforceable and that you are prevented from taking up further employment. With a restraint of trade, the interest of the employee is measured against the interest of the employer.