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Labour Law Managed Service

Every single employer at some stage will have a CCMA case and will need to be prepared. The legislation that exists is cumbersome and complicated to navigate. The Act requires dismissals to be substantively correct and procedurally correct in order to be deemed fair. An employee who is on probation and completes 3 months of employment is deemed permanent! Probationary dismissals are unintended but often happen

One wrong move may end up costing your company hugely.

A simple clean cut dismissal can leave a bad taste when the ex-employee approaches the CCMA. The CCMA can be a daunting situation that can risk the company up to 12 months of the ex-employees’ salary. Further, should you wish to appeal the arbitration award at the Labour court you need to put down 24 months of salary before it is heard.

Useful resource:

Insubordination vs. Insolence

We have the ability to help prevent this situation from arising.

We have seen a need for a service that helps employers prepare for dismissals and ultimately win at the CCMA, or better yet prevent the case even going to the CCMA.

The Solution

EconoHR offers a managed service solution to assist employers to navigate the complexities of the Labour Relations Act.

Since dismissals need to be substantively correct and procedurally correct, our service will help in getting the right advice from experts who have been through the process countless times.

 

We have developed templates to assist with the documentation and record keeping. We have also developed a system to keep in contact with clients during “high risk” periods, for example during the probationary period. We provide training to our clients and their staff to make everyone aware of the rules – a detailed handout and copy of the relevant legislation is provided. If in the case of a CCMA hearing, we will help prepare for it.

 

The service will include:

  • Full policies and procedures documentation – on your letterhead and with all your company details correctly populated.
    • These documents have been tried and tested at the CCMA
  • Email/telephonic consulting as and when needed – we don’t count the hours!
  • Detailed training of managers on the Labour Relations Act
  • Training session to employees on the company’s policies and procedures, disciplinary code and grievance procedure
    • Signed registers of attendance and confirmation of understanding of the above documents
  • Tracking of important dates and make sure you don’t miss an important deadline, ie
    • Performance appraisals during probationary hearing
      • Evaluation, Instruction, Training, Guidance or Counselling
    • Probationary hearing
  • Reports
    • Monthly reports of industrial action to CEO
  • Correspondence with managers to monitor labour issues
    • Weekly contact
    • Expert advice in line with the LRA
    • Provide documents outlining the charge and details of hearing
    • Provide guidance/Coaching for the hearing
  • Meetings to prepare for disciplinary hearings/probationary hearings/ CCMA cases
  • Standby during a CCMA case from our office
  • Referral to an advocate to represent your company at the CCMA or Labour court
  • Chairing hearings at an hourly cost
  • Useful resource:

CCMA commissioners come down harshly upon employers – 15 November 2016

Additional services include but not limited to:

  • Wage negotiations
  • Strikes
  • Trade Union advice and negotiation
  • Collective Bargaining and bargaining councils
  • Appearance at CCMA and other hearings

Useful resource:

Traditional healer (Sangoma) medical certificates

 

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