Specialist Labour Lawyers
Bradley Aliphon & Associates
All Labour Law Matters
Online Case Assessment
Labour Lawyer ~ Greater Durban Region
Labour Law In Action
Dispute Resolution
A specialist labour attorney can advise on where a dispute should be referred to and institute the proceedings on behalf of an employer.
Workplace Policies
An employer’s disciplinary policies are to be ‘reasonable, lawful and fair’ in terms of circumstances and operational requirements.
Informal mediation
It is advisable to pre-empt and prevent possible disputes by engaging with a labour expert well in advance of potential disputes.
Disciplinary Hearings
In order to avoid unpleasant and costly surprises, it is recommended that formal disciplinary hearings be chaired by a labour expert.
Employment Contracts
Lack of a written contract of employment is not only a criminal offence but could also severely compromise an employer’s position in a dispute.
Legal representation
Should a dispute end up in the Labour Court, it is highly recommended that the employer be represented by a specialist labour lawyer.
Client-Centric Legal Expertise
Commitment to Client Care and Personalised Service
Following his graduation from the University of Natal in Durban in 1982, Bradley gained experience at two law firms in Durban before establishing his own practice in 1986.
As the sole practitioner since its inception, Bradley has built his client base predominantly through repeat business and referrals. He has the right to represent clients in the High Court.
Labour Lawyers for
Labour Matters
Legal representation
Should a dispute end up in the Labour Court, it is highly recommended that the employer be represented by a specialist labour lawyer.
Employment Contracts
Lack of a written contract of employment is not only a criminal offence but could also severely compromise an employer’s position in a dispute.
Disciplinary Hearings
In order to avoid unpleasant and costly surprises, it is recommended that formal disciplinary hearings be chaired by a labour law specialist.
Conciliation, Mediation and Arbitration
CCMA
The purpose of referring a dispute to the CCMA is to resolve it. There are three main categories of labour disputes:
- Disputes which are arbitrable and have to be adjudicated by the CCMA.
- Disputes which are justiciable and have to be adjudicated by the Labour Court.
- Disputes which have to be resolved by the exercise of economic power, meaning the employees can either organise a strike or lock-out in support of their demands.
The statutory dispute resolution process requires that all disputes first be referred to the CCMA or a bargaining council for reconciliation.
Unresolved Disputes
Labour Court
Only after a failed attempt at conciliation or the expiry of the prescribed time limits for conciliation, may the parties go to the next level of dispute resolution, i.e. the Labour Court.
Whereas the CCMA is usually the forum in case of relatively uncomplicated individual disputes, more complicated disputes are referred to the Labour Court. The employer needs to know to which forum a dispute should be referred and a labour attorney can give advice on this subject and even institute the proceedings on behalf of the employer. Different types of disputes have different time limits in which the employer must give the accused notice of the proceedings and a labour attorney can send these notices within the specified times, whilst ensuring that the notices comply to labour law specifications.
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Get Answers To Your Questions
CCMA & BARGAINING COUNCIL
LABOUR COURT & HIGH COURT
MEDIATION & ARBITRATION
DISCIPLINARY HEARINGS
EMPLOYMENT CONTRACTS
WORKPLACE POLICIES
DISPUTE RESOLUTION
Disciplinary Procedures
Unfair Dismissal
Even though the reasons for the dismissal of an employee may have been valid, it is most likely to be ruled an ‘unfair dismissal’ by the CCMA if the correct disciplinary procedures were not followed by the employer.
Disputes In Labour Courts
Labour Court Cases
Labour laws govern nearly every aspect of the employer-employee relationship and an employer should always opt to get legal advice, not only in labour disputes but also in other matters such as the drafting of employment contracts, to protect itself.
2022
2021
Lawyers For Employers
Disciplinary Policies
A properly drafted disciplinary code regulates the behaviour of employees in the workplace and also stipulates the consequences when a worker is guilty of not complying with the rules. It serves as a management aid to an employer to manage the business and ensure that workers are acting in accordance with the company policy.
01. Compliance
An expert labour lawyer will quickly assess and establish if a company adheres to the basic requirements set out by the Labour Act and point out potential problems that could be avoided.
02. Professional
Employers are required to have a disciplinary code that sets out how the worker is expected to behave in the workplace. A labour lawyer can tailor the disciplinary policy to the needs of a business.
03. Pre-emptive
It is advisable to pre-empt possible disputes by engaging with a labour expert well in advance of potential disputes. In this instance, precaution could very well be the best remedy.
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