How Employers Benefit from Using Our Labour Law Services
Our firm represents employers, employer organisations, employees, and unions. As such, we understand both sides of the employment spectrum and are thus in a better position to negotiate with the various parties and to ensure fairness in resolving labour issues. As part of our labour lawyer services, we provide employers with guidance regarding compliance with the various labour laws of the country.
We also assist employers with aspects, such as taking legal action against employees, taking correct steps in dealing with unlawful strikes, planning and executing retrenchments in accordance with the requirements of the law, and taking disciplinary action against employees. The above are only a few of our labour law services for employers. We provide everything from assistance with the setting up of employment contracts, to the representation of employers in litigation type of labour lawyer services.
We briefly discuss the issue of taking disciplinary action against an employee after the employee has resigned to give you an indication of the complexity of South African labour laws, and why it is best to make use of our labour law services to avoid legal pitfalls in dealing with employment situations.
Resignation before a disciplinary hearing
The question is whether the employer can still take disciplinary action if an employee resigns upon notification of a pending disciplinary hearing. To understand the issue, we must determine whether the employee has given the required notice period and whether the employee is still working at the employer at the time of the hearing.
If the employee resigns without giving notice or without working the notice period required, then there is a breach of contract. Though the employee is in breach of contract, it does not mean the employer can still take the disciplinary action. The employee’s written resignation is with immediate effect and unless the employer is able to take disciplinary action before the resignation and the completion of the notice period the employer cannot have jurisdiction over the employee since the employee is no longer in an employment contract.
What about the breach of contract?
The employer can take steps to claim damages from the employee for not working the notice period, but such steps do not relate to the pending disciplinary action. However, even with the above statement, it is imperative to seek legal guidance regarding a similar situation, as all the factors must be taken into consideration. We review such situations as part of our labour lawyer services and are able to represent employers in the Labour Court should the employers wish to appeal against CCMA or Bargaining Council decisions.
The above is but one situation where employers can benefit from our labour lawyer services. Other examples include drafting of contracts relevant to a particular industry, drafting of employment policies in line with the requirements of the labour laws of the country, and assisting with correct procedures to follow for dismissal.
For one, it is imperative to choose the grounds of dismissal correctly as specific procedures apply. Many employers incorrectly dismiss employees for misconduct when they should have dismissed them for poor performance.
Even if poor performance is stated, however, the employers must be able to prove poor work performance on the part of the employees and must have followed correct procedures in dismissing the employees with consideration of first or repeated offences, training and corrective guidance provided, attainable targets given, and more. The employers must consider the circumstances of the employees as well. Dismissing employees should thus be for fair reasons, and the correct and fair procedures must be followed relevant to the particular reasons for dismissals.
Avoid costly pitfalls in employment relations. Make use of our extensive range of labour lawyer services for employers to help keep your company labour law compliant. Call us at 011 234 2125 for labour law guidance and services.
Disclaimer: This article is for information purposes only and does not constitute legal advice. You are advised to consult with us before using/relying on this information. Information is relevant to the date of publishing – February 2018.
