Labour Law
This is a vast field of law regulating all sorts of matters / issues such as the registration of workers unions and employers organizations and regulating strikes, riots and the like, but when it comes to the basic issues of employment law, we find that in practice the labour law is mostly applied in regulating relationships between employers and / or employees on issues such as unfair labour practices, unfair dismissals, constructive dismissals and the like and advising employers on the requirements that in this context not only must substantive fairness be applied, but also procedural fairness.
It is found in practice that legal advice is often required on the issue of procedural fairness, e.g. the necessity of conducting a disciplinary hearing before dismissing an employee for misconduct or for operational requirements (retrenchment) or on the extensive counselling requirements in the case of dealing with an employee who may not perform his / her work properly.
We also chair disciplinary hearings for employers.On the other hand we provide services to employees who, as is often the case, had been dismissed by an employer without such employer having indeed applied substantive and procedural fairness in the process.
The retrenchment of employees (dismissal for operational requirements) involves a detailed statutory regulated procedure (involving a detailed consultation process) to allow an employee sought to be dismissed on this basis, to oppose such retrenchment and to suggest alternatives to a retrenchment.
