The Industrial Court is overflowing with cases by disgruntled employees. Whether the basis of disgruntlement is justified, is an issue you probably should look into with assistance by experts in labour law defense litigation work.Employers are at the center of any flourishing economy. Without employment society is likely to perish. Whether you are a large, medium or small business or corporation, your efforts as an employer towards societal progression should not go unnoticed.Unfortunately it appears, at least to us, that the system of our labour laws rests favourably towards the employee. By simply perusing the Employment Act, you could swear it was something copied straight from a workers’ union’s wish list. There is a strong employee- protection theme.Do we have a problem with employee protection? NO. We understand that the very purpose of any law should be to protect and not expose to harm. History shows that slavery and all forms of human exploitation were not a joke. Therefore, we understand the system’s basis of paranoia around employers.Our problem lies with the “dead-on-arrival” treatment that employers would appear to get in the event of referral of disputes to dispute resolution forums. As an employer you are, in reality, presumed guilty until you can prove otherwise.Within the limits of the law and circumstances of each particular case, Makopo Law Office unapologetically, but responsibly, endeavors to protect the employer in its relationship with the employee. This is because we strongly subscribe to the principle that the law should not be a one-sided affair and because, despite the sad historical facts of employment, we strongly support the continued healthy existence of commerce, trade or industry and its underlying organizational capital; without which the word “employee” may not even exist.
1. By providing a disaster preventative approach to your labour relations with your employees. How you handle your disputes with your employees before institution of disciplinary proceedings can entirely decide your matter in the event of future referral to the Industrial Court. We can examine your disciplinary processes before you begin any disciplinary inquiry. The purpose is to answer whether your processes tick all the “procedural and substantive fairness” boxes at law. We can also examine your existing, or non-existing, policies and see if they need any tweaking and alignment with the existing labor laws, standards and/or practices. 2. By providing a curative answer to your existing labour -related problems.In the event that we missed the “disaster prevention” ship, this is where we will have to examine if there is any damage caused by your methods or approach in dealing with your employees. Our job is to ensure that at the end of the day, the law is interpreted and applied fairly as against your actions. The ultimate goal is to minimize, or even eradicate, liability to the employee, only to the extent that the law and circumstances of your case allow. We think employers are not as bad as people think they are and we would like to see ourselves as the messenger of that thought. 3. By letting us in on your human resources affairs.You may not currently have any human resource issues but can sure use a friend from time to time for purposes of ensuring you are on track when it comes to your HR affairs. You have absolutely nothing to lose in doing so and will sleep better knowing someone will be there when you are in need.
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