Employment Law Services
The workplace sometimes seems complicated with all the applicable laws that regulate it. Let me help you to make sense of it all. I advise on all aspects of employment law, including how to deal with misconduct and poor performance issues, ensuring fairness in a dismissal, employment equity requirements, dealing with unfair discrimination, making sense of working hours, overtime, leave and other conditions of employment. I’m only an email or phone call away to answer your question.
Whether you’re looking to update your employment contracts or whether you’re employing employees for the first time and need an employment contract, we can create an appropriate, fair and lawful contract together that is appropriate for your business and that complies with all the legislative requirements. And when your business grows to have a number of employees, let me prepare an Employee Handbook for your business that deals with all the general principles like leave, confidentiality, recruitment, notice, communications, harassment and every other relevant topic. Having the right contracts and policies in place creates consistency and certainty and is well worth it for your business.
The requirements for a solid employment contract for executive employees are somewhat different than for other employees and I accordingly recommend that a specific employment contract be created for executives, which would include protection around non-solicitation and restraints (where appropriate), and which also cater for differences in working hours, notice, leave etc. due to the nature of the executive’s work, and finally provide for appropriate remuneration incentives. And while on the subject of restraints, YES – restraints of trade are fully enforceable in appropriate circumstances. So if you’re looking for assistance in drafting a restraint of trade, enforcing a restraint of trade or considering the enforceability of a restraint of trade, I have extensive experience in this area and look forward to making this area of the law, which is so often thought to be complicated and uncertain, clear for you.
Do you need someone to chair a disciplinary or grievance enquiry for you? It may be that you’re a small business and don’t have anyone internal that is sufficiently experienced or independent, or it may be that the enquiry is in respect of a senior employee where an external chairperson is preferable. Either way, I can chair your enquiry and prepare a comprehensive, written finding for you on an independent basis.
These days, anyone in a managerial position (either junior or senior) needs to be able to manage discipline and performance effectively. Disciplinary hearings are common in the workplace and not only do you need to know how to investigate misconduct, and then charge an employee appropriately if the circumstances warrant it, you also need to know how to then run the disciplinary enquiry. Similarly, if your employee is not performing, do you know how to performance manage your employee fairly, with the aim of improving performance? Both the disciplinary and performance management processes involve procedural requirements which need to be followed and which I can assist with. Let me upskill your managers so that they are equipped to handle internal disciplinary and performance processes, and thereby also lessen the risk for you as an employer.
Reorganisations and retrenchments in the workplace are stressful enough, even before worrying about the prescribed procedure you need to follow. I can assist in alleviating that stress by advising fully on the process to be followed, drafting the required documents and advising on the consultation process. Contact me before you start the retrenchment process to ensure that we use appropriate selection criteria, prepare the right documents, consult with the right people and follow a smooth process.