Attorneys in Polokwane, Lawyers in Polokwane, Advocate Mathiba Mapetla Mamabolo

General information

Area of Expertise: Employment / Labour Law
Contract Of Employment

We design user friendly, made-to-fit contracts of employment for your employees, which will resonate with the work they do and fit like a glove.
The contract of employment is the foundation of the working relationship between the employe and the employee and must therefore be easy on the eye, while adhering to all legal components of contract law.
Policy Review, Development And Drafting

A conductive working enviroment depends largely on sound employment policies, which makes sure that processes and situations arising out of the employment relationship are well regulated and guided by policy.
A stable workplace is largely designed by its policies which would offer certainty and assurance to the employment relationship.
Agreement Drafting

Agreements occupy an important role in the employment space.
They give meaning and further clarity to company policies and other issues that may not necessarily be covered by a policy but which are important in the life of any company, example; Retrenchment agreement, which would be concluded after a retrenchment exrcise, and which would be in line with the particular company's Retrenchment Policy.
Management And Shop Steward Traning

It is crucial that line managers are trained on a continuous basis on relevant employment law principles and procedures. Managed should be capacitated on meeting procedures; misconduct case handling ; grievance and disciplinay hearing chairing and policy eading and interpretation; etc. Equally, shop stewards need to be trained on the same topics and principles, in order to level the playing gound, otherwise you would have one informed party (management) and an uninformed party (Steward) which would lead to unnecessary confrontations and disputes as a result of lack of knowledge more than anything else.
Negotiations

Negotiations form an integral part of the employment relationship, especially where the workforce is unionised. It is fair employment practice for employers to acquaint themselves with the habit of consulting and where necessary, negotiating changes and developments in the workspace with employees. Labourtight Employment Law Consultancy has invested in long hours on negotiating strategies, winning formulas and positions on a plethora of employment issues, which would definately put the employer's mind at rest on this aspect.
Misconduct Investigations

More oftenthan not, employee misconduct allegations are not properly investigated before the employee is suspended and rushed into a disciplinary hearing. Some employees spend months and months and even years, especially in the public sector, on suspension, because the investigating part of the allegations against the employee is not being properly handled. Some investigations end up with the company in the legal tandem and being taken to task on allegations of illegal misconduct investigations. We at Labourtight, know precisely what to do for a speedy, factual and legal misconduct investigation to be completed without hassles, paving the way to the speedy resolution of the misconduct allegations.
Continues
Charge Sheet Development

Developing and drafting a charge sheet of misconduct allegations remains one of the pillars of ensuring that you have a water tight case should the dispute be escalated to dispute resolution centres like the CCMA, Bargaining Concil or even the Labour Court. This may be the difference between the company having a good case but loosing that good case due to charges that were improperly preferred against the employee. Our expertise in this regard is unparalleled, as a result of years of practice.
Witness Preparation

Preparing witness to give evidence in a hearing is important, Ordinary employees are not privy to how disciplinary hearings, CCMA, Bargaining Council, Labour Court proceedings operate and may be overwhelmed by the processes to an extent that they jeopardise whatever evidence you may be having in support of your case against the alleged culprit. Often cases lost as a result of the evidence that was given by the witness, who ended up contradicting and confusing the whole evidence they gave, during evidence in chief and across examination. The witness needs to be throughly prepared on the issues. It is within our expertise to make sure that witness are ready and confident in any hearing.
Initiating And Chairing Grievance / Disciplinary Hearing

Initiating or prosecuting a disiplinary or grievance hearing is crucial to the successful prosecution of the hearing. The initiator would need to be knowledgeable of the facts and be able to lead witness in a proper manner. The closing argument needs to be polished as well and talk to the important aspects of the allegations against the employee. Equally, the chairperson in the disciplinary hearing should be on top of the process and be able to guide the process in a proper manner, ensuring that the process does not descend into chaos. At Labourtight, we are vested with the expertise on these matters, through years of practical application.
Outcome And Sanction Report

After a disciplinary hearing has been held, an outcome report should be furnished by the chairperson, followed by a well reasoned sanction report. These are attributes of a seasoned disciplinary hearing chairperson. Should the matter be escalated to an external dispute resolution centre, the sunction report forms part of the case record and it makes it easier for the chairperson of that forum to understand what informed the decision in that particular matter.
Conciliation Meeting Advice

Rule 7.2 of the CCMA rules advices that a conciliation may only be attended by parties to that dispute, their respresentatives, and such other persons who, in the discretion of the commision, may attend. Legal representation is not allowed. We however, provide our members with the best advice for the process, and further prepare them on what to expect and how to handle the process with confidence.
Arbitration And Labour Court Dispute Litigation

Representation at the CCMA or Bargaining Council in Abrbitration hearings is not automatic, but depend on the complexity of the issues under discussion and a host of other issues. We are well vested with relevant and persuasive arguments that may be in favour of our member being represented at arbitration.
Labour Court does not have any restrictions on representation of parties. We have the full rights to represent our members at Labour Court or any court in the Republic where the employment rights of our members are at stake.
General Practice
Antenuptial Contracts
Association Agreements
Bankruptcy Law
Blacklistings
Business Rescue
Cannabis Law
Civil
Civil Unions
Commercial

Commercial Drafting
Company Registrations
Contracts
Curatorship / Curator Bonis
Deceased Estates
Defamation
Divorce
Divorce Mediation
Domestic Partnership

Employment Law
Estates Evictions
Family Law
General Practice
High Court Practice
Insolvency
Insurance Law
Joint Ventures and Acquisitions

Leases
Liquidation
Liquor Law
Litigation (Civil)
Litigation (Commercial)
Litigation (Corporate)
Litigation (General)
Litigation (General)
Litigation (High Court)

Litigation (Magistration Court)
Matrimonial
Partnership Agreement
Personal Injury
Police Brutality / Assaults
Professional Ethics
Professional Negligence
Property Law
Rehabilitation Orders

Rehabilitations
Sale Of Business
Sequestrations
Shareholders Agreement
State Negligence
Unlawful Arrest
Wills
Wrongful Death