The firm's ten specialists regularly represent clients drawn into claims before the Industrial Court and Department of Labour. We:
-support clients grappling with the challenging rules preceding and regulating the process of collective bargaining;
-provide representation for disputes arising from non-compliance with a collective agreement between the company and its trade union;
-assist with ensuring compliance with the law when workforce reductions, variation to terms and conditions and dismissals become necessary; and
-draft or revise employment related agreements and letters.
Businesses are increasingly being required to either defend civil actions or institute action against their employees.
Take the example of a termination of a joint venture agreement resulting in redeployment of employees to other projects. Both parties have rights they can legally assert. On the one hand, employers sometimes assert their right to seek the indemnity in lieu of notice that is contractually due when disgruntled employees resign without notice. On the other, employees have the option of alleging that the redeployment is breach of contract and choose to exit the employment relationship without notice.
Consequently, claims and counterclaims can arise and where more than one employee institutes proceedings or resigns, the Company's existing resources may not be able to cope. The firm handles cases involving recovery of debts due such as these as well as those involving violations of non-disclosure agreements and conflict of interest.
A number of legal matters can involve criminal elements and management may struggle to understand what an arrest or a notice from an authority means and what its implications are. The firm's expertise is well-versed with prosecutions by:
-the department of labour;
-the department of safety and health;
-police;
-immigration; and
-local authorities.
When a company has been served with a summons or its employees have been arrested to face prosecution; depending on the type of offence, penalties can vary from small fines to jail terms for the employee or for office bearers.
Company's may also be complainants for example when they have been victims of offences. Directors may have committed acts of corruption, criminal breach of trust or fraud which has caused loss to the Company. Employees may have stolen goods, violated intellectual property laws, laundered money or misappropriated funds. What remedies do companies have?
We can help you determine the nature of your problem and next steps.