Why use Cape Town Labour Consultants?

Why use Cape Town Labour Consultants?

Cape Town Labour Consultants assist small to medium sized enterprises in labour matters, ensuring that your organisation is safeguarded from risk as far as reasonably possible. South African labour laws are tricky and pulling in a Labour Consultant who specialises in such matters on a daily basis can not only put your mind at ease when it comes to repercussions but can ‘hand hold’ managers through these processes and assist in ensuring these matters are handled legally and in line with legislation and in doing so, empowering your managers.

CPTLC can assist your business with any and all HR and IR matters but specialise in the following;
1. Chairing disciplinary hearings
2. Dismissals as a result of operational requirements (aka retrenchments)
3. CCMA Cases

Chairing disciplinary hearings

In order to hold a procedurally fair disciplinary hearing, a neutral 3rd party chairperson is preferred to ensure an objective outcome. Our consultants will come into the hearing and first of all explain the procedure that will follow so that all parties are comfortable and aware of what to expect. The rights of the employer as well as that of the employee will be explained prior to commencement of the enquiry.  The Consultant will listen to both sides of the story, giving opportunity to be heard, to call in any witnesses and allow for cross questioning. Closing statements as well as mitigating and aggravating circumstances will be taken into consideration and a full findings and sanctions report will be submitted as a recommendation to the employer. The nice thing about using Cape Town Labour Consultants is that the outcomes are run passed the CCMA with reference number prior to submission as well as the fact that the decisions made are based on recent case law substantiating the reasoning. All of the above, allowing for a peaceful night sleep knowing that the employees rights were respected and the Company safeguarded from risk.

Dismissals as a result of operational requirements (aka retrenchments)

Unprofitable businesses take strategic decisions to reduce costs and more often than not these costs include staff costs, resulting in retrenchments. However, a failure to follow the correct procedure can have the opposite effect to that of cost saving. Unfairly retrenching employees can land the organisation in hot water at the CCMA resulting in compensating those employees for unlawful terminations. The key here is to ensure the steps are correctly followed as laid out in the Labour Relations Act. Employees are to be consulted with regarding operational requirements dismissals (retrenchments), selection methods discussed, timing of dismissal, number of employees affected etc. Calling in a consultant from Cape Town Labour Consultants, who will not only provide you with all the necessary paperwork but will also handle the process from the beginning to the very end. Ensuring that the employees are treated with dignity and receive what they are legally entitled to as well as assist the Company in managing the process in such a way that safeguards the enterprise from repercussions. Retrenchments are never a pleasant situation to be faced with, but having the right professional with the right skills and experience can make the process smooth and bearable ensuring that all parties involved are fully aware of their rights at all times.

CCMA Cases 

Although “prevention is always better than cure” and the better course of action would be to involve our experienced labour consultants in disputes earlier rather than later, to avoid unpleasant situations, CPTLC does assist Companies in the compilation of arbitration documents. These documents are put together to substantiate the Company’s case when it comes to the reasoning of their decisions. Packed with legislation relating to dismissals as well as case law implicating related incidents and their outcomes.

So call Cape Town Labour Consultants today and make your problems ours...

It’s a small price to pay for peace of mind!

082 979 0684
021 554 4833

Disciplinary Hearings

There are numerous misconceptions regarding workplace disciplinary hearings. Some managers and employers follow such stringent processes during an enquiry, placing more than necessary precautions in place from fear of running a procedurally incorrect enquiry. Managers and HR practitioners alike, go to extraordinary lengths to ensure the “alleged offender” receives exactly 48 hours written notification to prepare prior the hearing. They place much weight on the chairperson, insisting that they are a neutral third party; reading the employee their rights to representation by a fellow employee or union shop steward, their right to interpretation, the calling of witnesses, cross examining etc..  Labour courts however, have recently been placing more emphasis on whether or not the employee was given the opportunity “to be heard” as opposed to following a legalistic process by the book and in doing so making the employee feel like a criminal.

A workplace enquiry should be a process where the employee and a Company representative address a situation or incident and explore “both sides of the story” and in doing so come to a conclusion regarding the way forward. Managers and HR practitioners tend run the process as if in a court of law, resorting to terminology such as “alleged allegations”, “offender”, “charges against the employee”, opening and closing statements”, guilty or “innocent” etc..

This kind of treatment understandably can leave the employee with a bitter taste in their mouth, damaging the working relationship and creating an atmosphere of animosity. In criminal law, in order to be prosecuted an individual is to be found guilty “beyond reasonable doubt”. In the workplace on the other hand, an employee can be deemed guilty of the transgression on a “balance of probabilities”, so in other words, where there is smoke... there is fire.

The reason Companies tend to follow such stringent processes is because of the fear of being taken to the CCMA for unfair treatment towards an employee, as a result of a procedurally or substantively unfair hearing, but as long as you give the employee an opportunity "to be heard" and you are able to back your decision up with reasonable documentation, there shouldn’t be any concern of repercussions. And where in a court of law, an outcome of a trial can result in jail time... an outcome in a workplace disciplinary enquiry can be anything from a verbal warning to a parting of ways in the most extreme of circumstances. Boring by comparison...? All the more reason to stop treating employees like criminals; give them an opportunity “to be heard” and make a decision regarding the way forward.

Compiled by Nikki Emmenes