EXPERTISE

LABOUR LAW
We have an outstanding record in Labour Law matters, in particular across the entire Public Sector in National, Provincial and Local Government spheres. Over the many years of existence, we have successfully dealt with labour disputes relating to misconduct dismissals, operational requirements and retrenchment dismissals and industrial and strike action disputes at High Court, Labour Court, Public Service Bargaining Council, other Bargaining Councils and CCMA level.

A significant part of the professional service rendered by the Firm relates to labour and employment law, representing employers. When misconduct dismissals of senior management staff are effected in any big enterprise, whether public or commercial, it is crucial that disciplinary proceedings are dealt with speedily and successfully both from a substantive and a procedural perspective. This is important because any subsequent finding against an employer in the Labour Court can have both substantial financial and staff morale implications.

In respect of misconduct and incapacity matters, we attend to all aspects ranging from the forensic investigation of alleged misconduct, drafting charge sheets, arranging and preparing witnesses, sourcing and appointing expert witnesses, sourcing and advising on appointment of appropriate chairpersons, attendance to keeping of comprehensive records, to finalisation of disciplinary hearings.
We also attend to all dispute resolution mechanisms including attendance at the Bargaining Councils, CCMA, Labour Court and Labour Appeal Court. The Firm has been extensively involved in investigations in the Local Government sphere relating to misconduct in terms of the Local Government: Municipal Finance Management Act, with particular emphasis on the investigation of:
  • Irregular expenditure;
  • Fruitless and wasteful expenditure;
  • Unauthorized expenditure; and
  • Over-spending;
within the context of the Act. We are also proud of the fact that we have acted on instructions of both the Gauteng, as well as the North West Provincial Government in disputes relating to Municipalities. Dr De Swardt served as an external expert in the drafting of the Local Government: Disciplinary Regulations for Senior Managers, including Municipal Managers and other Section 57 Managers. This appointment was made by the Department of Cooperative Governance and Traditional Affairs.

don't hesitate to contact us for more information

941 Jan Shoba Street

Cnr Mackenzie Street,

Brooklyn,

Pretoria
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