Employment Issues

Due to the fact that we have labour and employment specialists in our business, we are well positioned to provide you with timely, effective strategies to deal with all labour and employment related issues. Whether you are concerned with issues on a local or national level, the Myers Attorneys labour and employment team can partner with you to design tailor-made solutions that meet your business needs.

 

Employment Contracts

The contract of employment governs wages, benefits and working conditions and is the foundation of the relationship between an employee and his employer. Absence of a written contract by the first day of employment is not only in violation of The Basic Conditions of Employment Act but could also severely compromise an employer’s position in a labour dispute.

 

Employers are faced with a number of concerns relating to employee attendance, sick leave usage, annual leave, maternity leave and the disciplinary code to name but a few. The most effective contract of employment will satisfy both employer and employee while fulfilling its requirements under the law. It should enable the employer to derive the best benefit from its workers while ensuring those workers are sufficiently rewarded and their rights protected. Myers

 

Attorneys possess the necessary skills to determine a balance that will keep both sides satisfied over time and retain a flexibility that will support the organisation’s growth in the future.

 

Employment Policies and Procedures

We understand the importance of the implementation of correct procedures for employers and the value of formal, comprehensive, legally binding documentation.

 

Clients are assisted with drafting of various policies, documents and forms which may be required in the day to day running of a business, including:

• Recruitment Policies and Procedures

• Employment Status and Records

• Employee Benefit Programs

• Timekeeping and Payroll

• Work Conditions and Hours

• Leave and Absenteeism

• Disciplinary Policies and Procedures

• Grievance Policies and Procedures

 

Dispute Resolution

We are labour law specialists and are able to, in addition to Labour Court representation, provide guidance and valuable advice to both employers and employees faced with labour disputes.

 

We represent the interests of both employee and employer in all areas of labour law disputes including:

​

• All aspects of unfair dismissal disputes (including dismissals in respect of misconduct, poor work

• performance, incapacity and operational requirements)

• Retrenchments (including large scale retrenchments)

• Prosecuting and defending breach of restraint of trade undertakings, unlawful competition

• and confidentiality provisions

• Discrimination in the workplace

• Unfair labour practices

• Collective labour issues and collective labour bargaining

• Preliminary advices on strikes and lock outs

• Negotiations with union representatives

• Negotiations of disputes between executives at board level and between shareholders and the executives as well as managing the risks and exposure in relation thereto

• Assisting an employer with enforcing disciplinary procedures within a company or business including the conduct of disciplinary enquiries and arbitrations as well as chairing disciplinary hearings

• Defending or instituting claims in the CCMA as well as certain Bargaining Councils

• Running labour court trials as well as defending or instituting appeals.