Consultus Labour Law Solutions

Chairing internal disciplinary hearings.

Assist with the correct/appropriate formulation of charges/complaints in misconduct cases. (It is very important, as an incorrect phrasing of a misconduct charge can totally undermine a case should it be referred for review and as such it needs to withstand scrutiny of review.)

Screening of referrals by dismissed employees to the CCMA. (This would include referrals for both conciliations (Forms LRA 7.11) and arbitrations (Forms LRA 7.13). It would be to verify whether a referral meets the legal requirements set for a CCMA referral, an aspect very few employers are aware of and actually check for. Most often it happens that, due to certain defects to the forms and processes followed, a referral is not legally compliant and the CCMA lacks jurisdiction or legal standing to hear a case. Nonetheless, due to, amongst others, a lack of knowledge also on their part, the CCMA accepts and enrol the case for hearing.)

If found that a referral is defective or the CCMA lacks jurisdiction to hear the particular case, to prepare a proper application to the CCMA to hear formal written objections, based on statutory and case law, concerning jurisdictional challenges to CCMA jurisdiction and any other in limine (preliminary) objections.

Preparing/compiling evidence packs when contesting a CCMA referral. Additionally, preparing/compiling legal arguments to substantiate the case in response to the allegations made of unfair dismissal, or unfair labour practice.

Schooling/tutoring selected employees to represent the Company at CCMA hearings, on the procedures, intricacies and nuances of the CCMA, and what to expect to encounter at such hearings.

Act as (non-partaking in the actual process) advisor to employees representing the Company at CCMA, (Such sessions normally take place when a point comes up during the hearing that the Company representative requests an adjournment of the process, to consult with the advisor on that particular point and to strategise in general.)

Conduct/chair pre-arbitration meetings, amongst others, to narrow the issues in dispute to be heard by the CCMA at arbitration, and if possible, settle the dispute amicably.

Conduct labour relations audits. (This would entail interviews with representative groups of employees on site at all levels of employment, including union representatives. It would not be covert investigations, but open and transparent, so to speak, as not to create a situation of mistrust, but rather of labour peace and co-operation between Labour and Management.)

Verification of qualifications of staff.

Conduct/chair internal conflict resolution/ alternative dispute resolution investigations/hearings. (It sometimes happens that a conflict situation develops that the Company would (often due to the sensitive nature thereof, or the harmful effect on production) prefer to defuse as soon as possible, particularly when at supervisory/management level.)

Conducting/chairing incapacity (including ill health, injury or poor work performance) investigations/hearings.

Conducting/chairing grievance investigations/ hearings.

Conducting/chairing sexual harassment investigations/hearings.

(Regardless of the above, the services Consultus Labour Law Solutions is able to deliver, include a wide range of aspects related to labour/employment law, labour relations and HR management in general.)

Conducting mediation and alternative dispute resolution.

Services rendered may either be on site or at any other location, including consultations by phone.