• 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.

    Learn More

Welcome to Welman Attorneys
~Specialist Labour Lawyers in Pretoria & Gauteng~


Processes

Welman Attorneys is a results-driven firm striving for excellence.
  • Conciliation

    Conciliation is the first step of the two-step process that takes place when a labour dispute is referred to the CCMA. During conciliation, the commissioner will try to get the employer and employee to agree to a solution to the problem. Since neither of the parties may be represented by an attorney, they either can appear in person or be represented by a trade union or employers’ organisation.

    Arbitration

    Disputes that could not be resolved during conciliation, are referred to arbitration where a commissioner will hear both sides of the argument before making a ruling. In general, legal representation would be allowed during the arbitration proceedings except where a worker was dismissed for misconduct or not performing job duties properly. The commissioner may however, make an exception depending on the merits of a particular case.

  • Disciplinary Code

    Employers are required to have a disciplinary code that sets out how the worker is expected to behave in the workplace. A skilled legal professional can tailor the disciplinary policy to the specific needs of a business.

    The 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.

  • Chairing of Disciplinary Hearings

    Even though the reasons for the dismissal of an employee may have been valid, it is likely to be deemed an ‘unfair dismissal’ by the CCMA if the correct disciplinary procedures were not followed by the employer.

    Ever so often, a disciplinary hearing is considered to be unfair simply because the person chairing the hearing alleged to have been influenced by, or siding with, the employer.

    Avoid Costly Pitfalls

    In order to avoid this unpleasant and costly pitfall, it is recommended that formal disciplinary hearings be chaired by a labour expert to ensure that the hearing is conducted in accordance with labour laws and the dismissal would be substantively and procedurally fair.

Compliance Audit

Our experienced 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.

Ponderables:

  • "It might be said that it is the ideal of the employer to have production without employees and the ideal of the employee is to have income without work."E. F. Schumacher

Dispute Resolution

Forums available for the resolution of labour disputes

CCMA

Conciliation and Arbitration

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.

Read More

Labour Court

More complicated disputes

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.

Read More

Contact James Welman

Call James direct on his cell or send us an email

Tel : 012-654 4436

Our offices are conveniently situated in Centurion, Pretoria. They are easily accessible from the highways, and have secure parking.

296 Galway Ave, Centurion, 0157 on Google Maps

296 Galway Avenue,
Bronberrick,
Centurion

Int Tel: +27-(0)12-654 4436

Or Send Us a Message

Complete the form below and be sure to provide the correct details.


+ = (Are you human, or spambot?)