Services

employment law auditA solid employment relationship starts with an employment law audit performed by Derik Jaftha Attorneys. A specialized legal team will review your employment policies and procedures to ensure your legal compliance. We provide employment law counseling that is responsive and practical, all designed to meet the operational and statutory requirements of any type of business.

There is no labour situation that at least one member at Derik Jaftha Attorneys has not faced. We understand how businesses work and how government departments operate. We are keenly aware that sound, well-structured employment relationships are critical to the success of any enterprise. We also know that smart employers expect their labour lawyers not only to be first rate litigators, but to be able to counsel and train their clients in preventive law.

1. LABOUR LAW

WE ARE KNOWN TO BE AT THE FOREFRONT OF LABOUR LAW

We represent clients of every type and size, from multi-national corporations to employees who have been unfairly dismissed. We have represented clients in precedent setting cases that have changed labour legal principles in South Africa.

Our services include:

  • Advising clients on:

◦employment contracts

◦disciplinary codes and procedures

◦disciplinary action for incapacity

◦disciplinary action for misconduct

◦retrenchment negotiations

◦conducting of poor work performance investigations and hearings

◦grievance policies and procedures, including sexual harassment and HIV/AIDS.

  • Representing clients at all forums including the CCMA, Bargaining Council and Labour Court
  • Conducting a review on employment law policies and practices to ensure that there is legal compliance
  • Overseeing and managing all of client’s labour related needs
  • Training staff on the latest labour laws and regulations
  • Chairing of disciplinary hearings on behalf of employers

 

When you hire Employees, you need to know how to prepare employment contracts that both protect your company’s interests and comply with the laws and customs of the jurisdiction where your employees are working. But, how can you do this cost-effectively?

A 15-minute phone call with Derik Jaftha Attorneys can avoid laborious and expensive hours of original research for a client.

2. INDUSTRIAL ACTION

WE STRENTHEN OUR CLIENTS POSITION AT THE BARGAINING TABLE

When there is a possibility of strike action looming, we are on standby to launch any urgent applications in order to:

  • interdict unprotected strikes
  • curb strike violence, particularly against non-striking employees
  • evict renegade workers from the workplace

Our goal is to ensure compliance with agreed negotiation and dispute resolution procedures. Therefore we are ready to assist in order to compel compliance with the Labour Relations Act, any recognition agreement and relevant civil and criminal law.

We also can draft plans to enforce any duty to negotiate in good faith and to ballot in terms of a recognition agreement. Every business and employment relationship is unique. We are able to draft disciplinary codes and procedures that are suitable for the operational requirements of your business and comply with the legislation applicable to your specific type of business.

3. CRIMINAL LAW

WE HAVE SUCCESSFULLY LITIGATED IN THE CRIMINAL COURT OF APPEALS

We have extensive experience in:

  • criminal investigation,
  • prosecution and defence
  • representing clients at the initial bail hearing right through to the trial

In addition, we offer services in fraud risk assessments and forensic investigations as well.

Our trained and experienced team will assist with the investigation of misconduct, the formulation and service of proper charge sheets and the initiation and recording of the proceedings.
We also assess and conduct incapacity and poor work performance inquiries and offer sound legal advice in this regard.

4. CIVIL LITIGATION

WE PRIDE OURSELVES IN OUR COURT ROOM EXPERIENCE

The Firm has a thriving civil litigation practice. We represent a variety of clients including a recent R30 million dispute between a Hospital and a Doctor. Our knowledge is grounded on court room experience.

We are ready to assist you on:

  • damages claims
  • insolvency and liquidations
  • breach of contract
5. RESTRUCTURING AND RETRENCHMENT PLANNING

South Africa is a significant player in the international economy. This has resulted in the expansion of many domestic companies and the acquisition by international companies of interests in South African businesses.

South African employers are striving to achieve world-class production and employment standards. Changes in government policies have also resulted in significant transformation in government, parastatal and private organizations.

Sometimes, this results in the corporatization, privatization or transfer of businesses and necessitates the restructuring of those businesses and their workforces.

Our legal team assists clients in the planning and the smooth execution of corporate restructuring. We also offer legal advice to clients on procedures to be followed in transferring employees, and in the implementation of retrenchment exercises.

Retrenchments
Due to the economic climate and the changing operational requirements of Companies, retrenchments are an everyday occurrence. We assist both employers and employees during the consultation process. We ensure that all procedural technicalities are complied with as an irregularity at this stage may have serious consequences at the Labour Court.

6. TRUST, WILLS AND ESTATES
EACH CASE IS UNIQUE

We draft wills for clients and administer trusts and deceased estates. We also attend to conveyancing of property, upon request.

7. DUE DILIGENCE AND FORENSIC INVESTIGATIONS

Our highly skilled legal/forensic teams are able to execute due diligence and forensic investigations with speed and accuracy.

8. OCCUPATIONAL HEALTH, SAFETY AND ENVIROMENTAL COMPLIANCE

Compliance with occupational health and safety is a minefield and failure to comply can have serious repercussions for any employer. Legislation will render Directors and owners of businesses personally liable for non compliance with occupational health, safety and environmental requirements.

We assist Companies to draft, monitor and enforce occupational health, safety and environmental policies, procedures and audits.

9. BROAD BASED BLACK ECONOMIC EMPOWERMENT (BBBEE)
We assist Companies in compiling and verifying favorable BBBEE scorecards.
10. EMPLOYMENT EQUITY PLANS
Failure by designated employers to compile and lodge Employment Equity Reports with the Department of Labour carries hefty fines and penalties.

We assist Companies to compile and lodge Employment Equity Reports.

11. SKILLS DEVELOPMENT
We assist Employers to compile and implement workplace skills plans. Not only does this empower and train employees but it also results in a more skilled workforce and greater production.

In addition, employers may be entitled to a refund of up to 70% of their annual skills levy contribution.

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