PRESENTATION: Joanette Nagel (Bcom (LLB), LLB, LLM (Labour), LLM (Corporate)
WHO ARE WE? 1 We are the swear word! $*#@?! ##@$% LEGAL????
AND… WE ARE ALSO 2 We are advice: what to do and what not to do?
AND… WE ARE ALSO 3 We are COMPLIANCE and ENFORCEMENT!
AND… WE ARE ALSO 4 We are LITIGATION
5 BUT, MOST IMPORTANTLY, WE ARE THE FIXER
6 AND WE ARE PROBLEM SOLVERS
7 AND WE ARE We are deal closers
WE ARE 8 We are there to support you!
OVERVIEW 9 Hunts is a legal law firm, registered as a separate legal entity and operating as such. It does not form part of The Workforce Group of companies and is completely independent from the Group. The firm currently consist of 4 qualified attorneys (with expertise in various fields of the law), 2 candidate attorneys, a collection officer and assistant. Our firm is differentiated by its focused approach on providing a service that span across all economic sectors and business activities to support your business. Our key areas of expertise includes Compliance, Labour Law, Commercial Law, Collections and Litigation. We understand your business and the complicated legislative environments in which it operates. We have a strong culture of teamwork and collaboration in order to ensure that skills are deployed to match your unique business requirements and to ensure that you remain commercially competitive by providing the best solution for you.
VISSION AND MISSION 10 VISION We strive to be the best commercial and labour law practice by offering creative solutions to complex commercial and legal problems by utilising our specialist knowledge of the law and the environments in which our Clients (YOU) operate. MISSION • To be the best commercial and labour law firm and to bring creative solutions to complex legal, commercial and litigious matters • To provide specialist legal advise and services by ensuring that we remain specialists in the environments in which you operate • Building trust relationships to ensure practical solutions for business continuity and commercial opportunity • To ensure effective litigation management that is cost effective
CORE VALUES 11 • Risk Management • Risk assessment and mitigation • Quality • Quality work and service to ensure our advice/solution is right for your business and enables you to remain commercially competitive • Integrity • We value relationships and trust, and therefore render our services in a professional and ethical manner • Corporate Partnership • We have an innovative team who is committed to excellence in order to ensure that we present the best advice and solutions to you
BENEFITS 12 • We understand your business • We focus as much on the commercial and operational side as we do on the legal side • We are experts in the TES environment and staffing solutions • We are commercially focused to ensure that you get the best possible deal • We are innovators in creating new solutions within the legislative frameworks • We are at your doorstep and always available • Huge Cost saving (less than 1%) • Risk mitigation (protecting your business) • We ensure that you know how to be compliant
PAST ACHIEVEMENTS 13 • Experts (and leaders) in the LRA and Amendments • Litigation Claims vs Settlement and Saving • 2015/2016: Claims worth R15 million and we managed to recover R12,1 million in settlement arrangements or otherwise • 2015/2016: matters instituted against the Group worth R11,9 million and managed to get them settled or otherwise at a cost of R2,2 million ( R9,7 million saving ) • Collections • 2015: R8,5 million • 2016: R1,5 million • 2017: R3,6 million TOTAL: R13.5 million over the past three years • Negotiating and finalising Agreements and SLA’s to the value of R90 million in 2015/2016, whilst another R70 million worth were still being negotiated • On average less than 1% of the capital amount is spent on legal fees or disbursements
FUTURE ENDEAVOURS 14 • Commercial Focus • Compliance with legislation • Solutions that work for business and business continuity • Focus on client and trust relationships in negotiating contracts to achieve the most favourable result for the Group • Continued support in enable synergy across all business units • Creative and innovative commercial solutions for complex business environments • Effective Litigation and cost management
FUTURE ENDEAVOURS 15 • Risk Mitigation • Compliance • Commercial procedure • Process and procedure • Compliance over all sectors • Litigation strategies
COMPLIANCE 16 • Competitions Act • Basic Conditions of Employment Act (BCEA) • Compensation for Occupational Injuries and Diseases Act (COIDA) • Consumer Protection Act (CPA) • Employment Equity Act (EEA) • Employment Services Bill • Labour Relations Act (LRA) • Occupational Health and Safety Act (OHSA) • National Credit Act (NCA) • Protection of Personal Information • Promotion of Access to Information Act (PAIA) • National Minimum Wage Act (NMW)
OVERVIEW: LRA AMENDMENTS Section 198 of the LRA Joint and several liability 1 4 Regulates all forms of NON-STANDARD employment, which includes TES The TES and Client is jointly and severally liable if the TES (Temporary Employment Service), Temporary Service, FTC (Fixed Term contravenes: Collective Agreement, Binding Arbitration Award, Contract), Part time employment and general provisions BCEA, Sectoral Determination The role of TES Treatment of Assignees? 2 5 A TES procures and provides an Assignee to the Client to perform Assignees must, on a whole, not be treated less favorable than any work at the Client, but who is still remunerated by the TES other employee performing the same or similar work Justifiable reason for Who is the employer? 3 6 different treatment? Irrespective of the “Deeming Provision”, the TES remains the Justifiable reasons for differentiation are: Seniority, experience, employer of the Assignee in terms of Section 198(2) and for length of service, Merit, Quality or quantity of work, any other purposes of BCEA, Tax Laws, UIF, SDA, etc. criteria of a similar nature
OVERVIEW: LRA AMENDMENTS Temporary service Fixed term contract Less ss t than an 3 3 months Nature • • Substituting f for or a anot other employee e * * Limited / definite d duration on; OR • Category d determined a as temporary s y service * * Justifiable r reas ason • Termin inatio tion • Requirement * Fixed * ed d date e * * Occurrence of e event * * Com ompletion on o of t task • Deemin ing P Provis isio ion • FTC TC i is s not f for a a ju justifiable r reason • Equal w work for e equal p pay ay • Assignee is d s deemed t to b be e employed o on an an i indefinite b basis b by the Client Risk • Equal w work for e equal p pay ay Earning a above Threshold (R20 205 4 5 433 p 3 p/a) /a) Earning a above Threshold (R20 205 4 5 433 p 3 p/a) /a) • ER w with l less t than an 1 10 E EE’s • ER w with l less t than an 5 50 E EE’s a and • operat ating less t than an 2 2 yr yrs. Permitted b by statute, s sect ctor oral d determination on o or b bargaining • Exemption council a agreement
ASSIGN SERVICES UPDATE LC (BRASSEY) JUDGMENT LAC JUDGMENT WHAT DOES THIS MEAN FOR YOUR BUSINESS? Dual al Emp mployme ment Relat ationship bet etween een the Clie lient is is the sole le Em Employer by la law af after 3 Only ly ap applicab able to em employees es wh who earn under the threshol old • • • Client, the TES ES an and the emp mployee after 3 months months (le less than an R205 05 433 433 per an annum) Only ly for or purposes of of the LR LRA There is Th is no sectio tion 197 97 Transfer but a LAC ju LAC judgment is is suspended pending the ou outcom ome of of the • • • “statutor ory emp mployme ment relat ationship”, which is is Constitutional al Court Judgment (s (s18 18(1) Superior Courts Act) not ot expla lain ined or or clarifie ied by the LAC LAC. Status quo remai ains (Bras assey Judgment) • THER ERE IS IS NO NO TRANSFER ER Legitim itimate te FTC TC are still ill permis issible le • • Should the TE TES contin inue to, o, fo for ex example, e, pay ay Sectio tion 198 198(1) and (2) of of the LR LRA is is still ll the la law, i.e. the • • the em employee, ee, the em employee ee will ill still ll hav ave the employ oyee is is still ill the emplo loyee of of the TES ES righ ght to in institu titute proceedings agai ainst st ei either er the TES ES is is stil ill the em employer er for or purpose ses of of BCE BCEA (an and the • TES ES or or the Clie ient or or both legis isla latio tion cannot be interpreted in in confli lict wi with on one anot other) The legal Th al interpretation of of “deeming” wa was Par artner wi with a complian ant TE TES provider wh who understands the • • neve ver considered by the LAC LAC in intr tric icacie ies of of ev ever er chan anging and compli licated lab abour le legislatio ion LAC does LAC es not explai ain the contrac actual al or or (SLA, A, etc.) • statutory oblig ligati tions an and it it ju just evapor orates
Recommend
More recommend
