010 448 7273

Level 1, 100% black-woman owned Law Firm

Our Expertise

We are experienced employment attorneys with a broad range of qualifications and skills in the area of employment law. Our employment attorneys work collaboratively with other professionals such as mediators and counsel to ensure that the client gets the best possible outcome.

Litigation

In the employment environment, disputes are inevitable and occur often. The dispute may arise from issues relating to terms and conditions of employment which may trigger strike action or from a performance issue.

The bottom line is that if the dispute is not handled properly it can be costly. It can be protracted.

Our employment attorneys have represented various individuals, public and private institutions before forums such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and the Labour Court. Disputes that are “arbitrable, i.e. they can be decided by arbitration, go to the CCMA or Bargaining Council and an arbitration award is issued. However, disputes that must be decided by court such as an interdict, are referred to the Labour Court and the court makes an order.

Our approach to any dispute is to find the most efficient and effective way to resolve the dispute. This in many instances involves mediation or negotiations.

Mediation

What Is Mediation

Mediation is a process by which a mediator assists the parties in actual or potential litigation to resolve the dispute between them by facilitating discussions between the parties, assisting them in identifying issues, clarifying priorities, exploring areas of compromise and generating options in an attempt to resolve the dispute. It is an alternative to having the dispute adjudicated in court.

Benefits of Mediation

  • Mediation is a way of managing conflict that uses an impartial person to help team members to resolve their disagreements. The intention is to ease workplace tensions before they escalate into something more damaging. It differs from disciplinary and grievance procedures by offering a more informal and flexible approach.
  • It offers speedy resolution of disputes. (there is usually more flexibility on the timing of the mediation)
  • It is considerably cheaper than litigation. (parties may or may be represented at the mediation and it is a less legalistic process)
  • It provides a “win-win” situation for both parties in a dispute. (the parties voluntarily agree on the outcome. This means that each party would be satisfied with the agreement)
  • The process is flexible and avoids technicalities.
  • It is a voluntary process.
  • It promotes reconciliation.

When To Use Mediation

  • You can use mediation at any point during a conflict, as long as all of those involved agree to do so.
  • Generally, mediation is best used when a disagreement first arises, the longer a dispute goes on, the greater the chances that people’s relationships will break down, or that they raise formal grievances. However, the process can help you to rebuild relationships after formal dispute procedures, too.
  • Mediation can be used in disagreements between members of the same team, or between co-workers at different levels of seniority. It can be particularly useful when communication between people has broken down.
 

Our service offerings in this area include, but are not limited to:

  • Commercial Mediation
  • Conciliation
  • Negotiations (including wage negotiation)
  • Chairing Disciplinary Hearings and Enquiries – mediating the dispute at commencement
  • Facilitations
 

We have been accredited by the following institutions

Current labour litigation process in South Africa

Advisory

We want to be out clients trusted advisor on all employment issues.

We believe in having pre-dispute processes in place to try and reduce the risk of disputes and/or minimize their impact.

We are members of various professional association and subscribe to various services such as Lexis Nexis to ensure that we have access to the most current information and templates.

We also leverage off our relationships with experienced professionals to ensure that our solutions are fit for purpose.