Labour Law Paarl

MAGISTRATE LABOUR COURT APPLICATION

Jaco Luus Labour Attorneys will complete this application for you.  There are many rules and protocols in place within the judicial system and navigating these professionally require the services of an informed law establishment who are able to guide you through the process.

CCMA LABOUR COURT APPLICATION

With an average of 500 cases a day and a settlement rate around 70%, Jaco Luus Attorneys can offer you the best solution. The CCMA focus on conciliation within a disputed situation between employer and employee and involves a process where a commissioner meets with the parties in dispute and will attempt to settle the dispute by agreement. Jaco Luus Labour Attorneys will ensure you are fairly represented and well informed ensuring the correct process and procedure are adhered to. Again, when dealing within a legal environment, there are rules and protocols that can best be guided by your attorney.

THE DISCIPLINARY HEARING

This is a serious matter and the following protocol has to be followed in order for the disciplinary hearing to be valid :

  • The full proceedings must be recorded in writing in the minutes.  This is not negotiable and will render the hearing invalid if procedure is not followed
  • Both the complainant and the respondent are entitled to a copy of the minutes.
  • The following representatives should be present at a hearing – The Chairman, The Complainant, The Respondent, The Respondent’s Representative and an Interpreter if necessary. Due to the complexities and the implications involved, it is essential that you have the correct legal representation and/or advice.

HARRASMENT, INTIMIDATION AND VICITIMIZATION

This may take many forms, from spreading malicious rumours, insulting or degradation of an employee to name but a few. Whatever the case, it is unacceptable and is in violation of the human rights of the employee, you have the right to be treated with dignity and respect. 

UNFAIR SUSPENSION

There are two types of suspension :  Preventative and Punitive. The Prevantive is if the employer was not supplied with a reason or the conditions for the suspension and Punitive if the employee was suspended and the suspension was both substantively and procedurally unfair.

 
RETRENCHMENT NOTIFICATION

Statistically, when major downsizing takes place, there is severe risk to the mental and physical health of the staff involved. It is unfortunate that the effect is felt not only by the staff who lose their jobs, but also by the staff who are left behind and are dealing with the potential that they may be next to lose their jobs, will be burdened with additional responsibility due to the depletion of jobs. The company too experiences a major loss in terms of staff who have been trained and developed over time and it will take a long period of time and new investment to replace the retrenched staff. Therefore, planning retrenchments and making the correct considerations in the process in advance are essential.  At Jaco Luus Labour Law Attorneys, we understand this complex situation and are able to assist you with the most comprehensive way forward.