A solid employment relationship starts with a labour and employment law audit performed by Derik Jaftha Attorneys. A knowledgeable legal team reviews your personnel policies and practices to ensure your legal compliance in such areas as:

We provide labour and employment law counseling that is responsive and practical, all tailored to meet the operational and statutory requirements of any type of business.
There is no employment or labour matter that at least one member at Derik Jaftha Attorneys has not faced. 
We understand how businesses work and how government departments operate. 
We represent employers of every type and size, from multi-national corporations to regional and local businesses, and we are keenly aware that sound, well-structured employment relationships are critical to the success of any enterprise.
We also know that smart employers expect their labour and employment lawyers not only to be first-rate litigators, but to be able to counsel and train their clients in preventive law.

1. EMPLOYMENT CONTRACTS 
When you hire Employees, you need to know how to prepare employment agreements that both protect your company’s interests and comply with the laws and customs of the jurisdiction where your employees are working. But, how can you do this cost-effectively? 
A 15-minute phone call with a Derik Jaftha Attorneys can avoid laborious and expensive hours of original research for a client.

2. DISCIPLINARY CODES AND PROCEDURES
Every business and employment relationship is unique. We are able to draft disciplinary codes and procedures that are suitable for your business and comply with the Law. 

3. DISCIPLINARY, INCAPACITY AND POOR WORK PERFORMANCE INVESTIGATIONS AND HEARINGS. 
Our trained and experienced team will assist with the investigation of misconduct, the formulation and service of proper charge sheets and the initiation and recording of the proceedings.
We also assess and conduct incapacity and poor work performance inquiries and prefer sound legal advice in this regard. 

4. GRIEVANCE POLICIES AND PROCEDURES
We draft grievance policies and procedures to alert management to employee discontent and to promote harmonious industrial relationships.

5. COMPANY POLICIES ON DISCRIMINATION, SEXUAL HARASSMENT, HIV/AIDS.
In order to comply with legislation, we assist Companies to draft policies on Discrimination, Sexual Harassment and HIV/AIDS.

 6. STRIKE MANAGEMENT AND COLLECTIVE BARGAINING ISSUES
Picketing, strikes and lock-outs are regular industrial relations issues. We provide fast and effective legal advice and assistance on strike management and all forms of industrial action. In addition, we are well experienced and capable of effectively dealing with and facilitating issues surrounding Union organizational rights, collective bargaining and protest action.

7. C.C.M.A. ARBITRATIONS AND MEDIATION
Our team members are on various panels of mediators and arbitrators and are highly qualified to assist clients with both arbitrations and mediations. Team members regularly appear before the CCMA and Bargaining Councils relating to a variety of matters including unfair dismissal and unfair labour practice disputes.

8. RESTRUCTURING AND RETRENCHMENT PLANNING
South Africa is a significant player in the international economy. This has resulted in the expansion of many domestic companies and the acquisition by international companies of interests in South African businesses. South African employers are striving to achieve world-class production and employment standards. Changes in government policies have also resulted in significant transformation in government, parastatal and private organizations. Sometimes, this results in the corporatization, privatization or transfer of businesses and necessitates the restructuring of those businesses and their workforces. 
Our legal team assists clients in the planning and the smooth execution of corporate restructuring. We also offer legal advice to clients on procedures to be followed in transferring employees, and in the implementation of retrenchment exercises.

Retrenchments
Due to the economic climate and the changing operational requirements of Companies, retrenchments are an everyday occurrence. We assist both employers and employees during the consultation process. We ensure that all procedural technicalities are complied with as an irregularity at this stage may have serious consequences at the Labour Court. 

9. PUBLIC LAW EMPLOYMENT ISSUES
We advise clients on the impact of the Constitution and the Constitutional Court decisions on the operations and conduct of public and private institutions and corporations and prefer guidance and advice to a number of government departments, statutory bodies and parastatal institutions in respect of various public law issues.
Our industry focus groups include banking and financial services, healthcare, labour brokers, the motor industry, media, retail, forestry and environment, transport, technology, telecommunications and utilities.

10. DUE DILIGENCE AND FORENSIC INVESTIGATIONS
Our highly skilled legal/forensic teams are able to execute due diligence and forensic investigations with speed and accuracy.

11. OCCUPATIONAL HEALTH, SAFETY AND ENVIROMENTAL COMPLIANCE
Compliance with occupational health and safety is a minefield and failure to comply can have serious repercussions for any employer. Legislation will render Directors and owners of businesses personally liable for non compliance with occupational health, safety and environmental requirements.
We assist Companies to draft, monitor and enforce occupational health, safety and environmental policies, procedures and audits.

12. BROAD BASED BLACK ECONOMIC EMPOWERMENT (BBBEE)
We assist Companies in compiling and verifying favorable BBBEE scorecards.

13. EMPLOYMENT EQUITY PLANS
Failure by designated employers to compile and lodge Employment Equity Reports with the Department of Labour carries hefty fines and penalties. We assist Companies to compile and lodge Employment Equity Reports.

14. SKILLS DEVELOPMENT
We assist Employers to compile and implement workplace skills plans. Not only does this empower and train employees but it also results in a more skilled workforce and greater production. In addition, employers may be entitled to a refund of up to 70% of their annual skills levy contribution.

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