Labour Law Training Pretoria | Labour Law Training Johannesburg | Gauteng | South Africa
(Courses, Seminars - South African Labour Law Specialist)
Johanette Rheeder Incorporated
(labour law attorneys, labour law training)
Johanette Rheeder is an admitted attorney of South Africa and specializes in labour and employment law and public and in-house training. Although we are based in Centurion, Gauteng we conduct training courses throughout South Africa and clients are invited to contact us for a quotation for their training requirements.
As a legal practice, Johanette Rheeder Incorporated strives to provide prompt and professional advice and service to its clients, based on skill, expertise and resources within the legal environment. As attorneys, Johanette Rheeder Inc specialises in Labour and Employment Law. Within these fields of expertise, it provides the following legal and professional services to its clients:
Within these fields of expertise, it provides the following legal and professional services to its clients:
- Labour litigation in the Labour Court, Labour Appeal Court and High Court, Supreme Court of Appeal and the Constitutional Court. We specialise in all types of labour litigation, including reviews, appeals, applications, urgent applications and interdicts.
- General legal advice and opinions on civil matters, labour and employment law.
- Chairing disciplinary hearings
- Representation in arbitrations in the CCMA and bargaining councils.
- Settlement negotiations and agreements.
- Advice, negotiations and settlement on retrenchment and incapacity.
- Wage negotiations and advise on all collective or union matters.
- Negotiating and drafting of collective agreements and recognition agreements.
- Assisting and advising on labour matters in forensic audits into employee related misconduct.
- Investigations into ethical and labour related complaints and misconduct
- Conducting webinars, in-house and public training for employers, managers and human resource practitioners on various labour related matters through Labour Smart training;
- Johanette specialises in employment equity. In this regard we draft EE plans, conduct consultations and perform the analysis, draft plans and reports and advise our clients on matters such as unfair discrimination and equal pay for equal value.
- Advise on the implementation of section 198A to D of the Labour relations Act re labour brokers, temporary, part time and vulnerable employees.
We also specialise and assist employers with the following services and training:
- How to initiate and chair disciplinary hearings.
- Presenting a case in the CCMA and Bargaining Councils.
- Guide to Employment equity in the workplace.
- Retrenchments and transfer of businesses.
- Conflict resolution and managing union relations.
- Yearly case updates.
- The effect of relevant legislation on businesses.
- Workplace discipline and dismissal.
- Preventing and dealing with sexual harassment in the workplace.
- The five challenges manages face daily.
- The Labour Relations Amendment acts; and
- Introduction to the Protection of Private Information Act for employers.
“Solidarity for Ever”
Collective bargaining – rights and duties
By Johanette Rheeder
Johanette Rheeder Incorporated
Protected strikes have since the first dawn of the strike day been plagued by violence, wrongful death, looting, protest marches, damage to property and intimidation. The Marikana incident is still, four years later, fresh in our minds and people are still suffering the consequences of this very unfortunate and shocking event. Unions and employers are ever more battling with the demand for better wages and the seemingly unbridgeable gap between demand and offer, sometimes rendering the intended power play of the Labour Relations Act (LRA) foul of its intention of peacefully balancing rights, for the benefit of employee and employer. When negotiating, the objective is to find an expedient, mutually acceptable solution that partially satisfies both parties. Compromising might mean splitting the difference, exchanging concessions, or seeking a quick middle-ground position. Different negotiation tactics will then be applied to achieve settlement as close as possible to that parties’ mandate. If the parties cannot settle, protected strikes, protest marches, picketing and secondary strikes are used to force the hand of the employers. Various types of destructive collective bargaining behaviour can also take place during these processes such as intimidation, violence, assault, damage to property and common misconduct.
There are three main ways in which a trade union may acquire organisational and bargaining rights. Firstly, the sufficiently representative union can use the procedures set out in the LRA to acquire the basic organisational rights afforded by sections 12 to 16. The process to acquire those rights is set out in sections 21 and 22 of the LRA. The union will have the organisational rights which include access to the workplace for meetings, deduction of levies, time off for union office bearers and access to information. These rights however still do not include the right to bargain or negotiate on wages.
The union and the employer can also conclude a recognition agreement in which the trade union is recognised as a bargaining agent on behalf of a certain group of employees - the bargaining unit - and, this agreement will also then regulate the recognition as well as the collective or organisational rights. These rights are normally assigned to the majority union. The recognition agreement normally and if properly negotiated, will allow the parties much more scope to regulate their own relationship. It is therefore important for employers and unions to enter into a recognition agreement once the union has reached a stage where it is strong enough to engage the employer in meaningful power play. Read More ...