PRACTICE AREAS

Marius Scheepers & Co Attorneys is your preferred labour and employment law expert. 

Our Philosophy and Mission Statement:

The professional help for Small and Medium scale firms or individuals

Advice on fair dismissals
Advice on how to fairly deal with dismissals and disciplinary hearings

 

 

 

Discilplinary hearing process
Labour Legislation service and advice

The South African jurisprudence are found in a wide range of Statutes. We shall attempt to regularly update this list for your convenience.

Representation at the Labour Court, CCMA and Bargaining Councils: 


CCMA/ Bargaining Council appearances:

Arbitration appearances

Conciliations

Constructive Dismissals
Misconduct Dismissals
Incapacity Dismissals
Rescission Applications
Condonation Applications
Contractual claims in terms of the Basic Conditions of Employment act
Severance payments
Residual Unfair Labour Practices

Single Retrenchments


Labour Court appearances:

Operational Requirements Dismissals (Retrenchments)
Automatically unfair dismissals (Unfair Discriminations, exc.)
Applications for Court Orders
Review applications


Urgent applications:
Unprotected Strikes
Unfair Dismissals
Protection of property rights

Contempt of Labour Court applications



Labour Appeal Court:

Unfair Labour Practices
Calculation of Compensation
Unlawful Strike Action
Contempt of Court


High Court:

Review application
Urgent Court Interdicts

Legal Opinions


We regularly are approached by our clients to provide them on legal advice on various issues.

The following serves as a list of frequently asked questions:

Interpretation of Labour laws and regulations
Substantive fairness of dismissals
Operational requirements procedure
Interpretation of Contracts and Collective agreements
Assessment of employment policies and procedures
Assessment of conduct during strike action / Lockouts and available remedies
Mutual interest disputes (salaries, benefits and service conditions)
Medical aid schemes
Pension / Provident funds
Interest / rights disputes
Unfair Labour Practices
Codes of Good Practices
Essential / Maintenance services
Reviewable matters at the CCMA
Sale of businesses and transfer of employment contracts
Constructive Dismissals
Unfair Discrimination disputes
Employment Equity plans and implementation
Recruitment and selection criteria
Employment vs Independent contractors
Fixed term contracts, temporary employment services and temporary employees
Collective Bargaining

Research and Training on all Employment issues

Our objective is to deal with all relevant Labour Court Cases during our training sessions.

The Labour Court cases that we are covering at our training also include unreported cases.
We deal with such Labour Court orders that had been issued during the past month (compared to other publications that may be more than 8 months old).
We show how such orders may be relevant to your particular industry.
We discuss contentious Labour issues that you are experiencing and we find the best approach to be adopted.
We propose regular workshops each consisting of three parts.

Part One

Dealing with Labour Court cases that had been decided this month that are relevant and important to your environment.

Part Two

Discussion on how these decisions may affect you.

The adjustment that needs to be made to meet these demands.

Part Three

General discussion on individual and collective Labour issues which entails:

Unfair labour practices
Unilateral changes to working conditions
Unfair dismissals and disciplinary procedures
Follow ups

 

Collective Bargaining


We understand the art of Collective Bargaining and wish to support you on how to:

Facilitate conclusion of agreements
 

Mediate disputes and withdrawal of court action
 

Negotiate terms to end Strike action
 

Negotiate mutual interest matters
 

Consult during Retrenchments

 

Labour Law and Commercial Law (Contracts) issues


We are of the view that if your Employment policies do not address the following issues, that you may face the risk of frequent labour disputes and unnecessary expenses:

FORMS

Employment Record
Service Record
Standard Letter of Employment
Fixed Term Contract
Subcontractor Agreement
Standard Employment Contract
Recruitment, Selection and Appointment
Job Application Form
Code of Good Practice: Dismissal (General)
Appropriate Procedure to be followed at a Disciplinary Enquiry
Disciplinary Transgressions
Forms of Disciplinary Action
Notice of a Disciplinary Hearing Form and Charge Sheet
Written Warning (less serious offences: misconduct)
Final Written Warning (misconduct short of dismissal)
Written Warning: Poor Work Performance
Notice of Termination of Service
Service Certificate
Grievance Procedure Form
Alcohol and Intoxicating (banned) Substances Procedure
Report: Employee Suspected to have taken Alcohol
Report: Employee suspected to have taken Intoxicating (banned) Substances
Performance Appraisal Form
Leave Application Form
Medical Certificate
Time and Wage Register


CHARTS

Disciplinary Inquiry (General)
Grievances Procedure
Desertion Procedure
Disputes that could lead to a protected/unprotected strike (act)
Dispute about unfair dismissal (Section 191)