Services
The firm specialises in all employment related services, including, for example:
- Reviewing and drafting of contracts, policies, and procedures
Our team is well-placed to take care of all your employment-related contractual matters, including the drafting of various contracts of employment. Whether your company requires permanent contracts, fixed-term contracts, executive contracts, temporary employment services contracts, confidentiality and restraint provisions, independent contractor agreements, or whether you simply need advice in relation to the implications surrounding any of these contracts, Howes Incorporated is ready to assist you.
We further assist clients in formulating and reviewing various internal policies, such as mandatory vaccination policies, study assistance agreements, disciplinary codes and procedures, grievance procedures and the like.
We are often asked to conduct audits and opinions for clients on their existing contracts, disciplinary codes and procedures and such other internal policy documents. We then identify and report back on areas of risk or areas that require improvement or compliance with the law. Where mandated to do so, we provide recommendations to our clients on how to rectify their internal workplace documents so as to mitigate risks, ensure due compliance with legislation, and identify what additional policies, procedures or documents need to be implemented, and assist in actioning these items.
We are also experienced in attending to the review and drafting of restraint of trade and confidentiality agreements, and can assist with all necessary litigation in relation thereto, including bringing and opposing urgent applications in the Labour Court and High Court.
Lastly, we provide sound, ethical advice in relation to all other contractual matters originating from the employment relationship, such as unpaid bonuses, defamation and damages claims, the repayment of study loans and so forth. - Internal disciplinary matters
We provide clients with guidance and advice on, inter alia:- conducting internal disciplinary enquiries to comply with all procedural and substantive fairness requirements;
- suspension in the workplace;
- drafting charge sheets;
- compiling bundles, preparing witnesses, leading evidence and presentation of evidence;
- the chairing of disciplinary enquiries by one of our attorneys (provided that we have not provided advice on the matter in question);
- representing the company or employee in internal disciplinary enquiries where legal representation is permitted; and
- assisting with internal appeals where there is an appeal process.
- CCMA assistance and representation
Where legal representation is permitted, we represent both individual and corporate clients in all CCMA and Bargaining Council arbitration proceedings around the country. Depending on the nature, complexity, and importance of the matter, we collaborate with counsel so as to achieve the most positive results for our client.
Our firm is experienced in drafting all documents common to arbitration proceedings, including pre-arbitration minutes, applications relating to, inter alia, jurisdictional disputes, legal representation, postponement, condonation and rescission applications, and the drafting of heads of argument.
Where legal representation is not permitted by the CCMA or respective Bargaining Council, we offer advisory and preparation assistance to ensure that the client is in a position to effectively present the case without legal representation. - Court assistance and representation
We regularly assist clients with either instituting or opposing application or action proceedings within various courts within South Africa. We have successfully assisted a number of clients with their litigation matters within the Labour Court, Labour Appeal Court, High Court, Constitutional Court, Magistrate Courts and such other forums.
We are adept at dealing with all employment litigation matters, including inter alia, review applications, urgent applications, discrimination matters, unfair dismissal matters, automatically unfair dismissals, industrial action, defamation claims, monetary claims arising from the employment relationship, and others. - Chairing of disciplinary enquiries
Our attorneys are frequently appointed to act as independent chairpersons for companies within South Africa. We take these appointments seriously so please note that we will not simply act as ‘hired guns’. We appreciate that the lives of people are greatly affected by our decisions and for this reason, we remain independent, apply the law to the facts that have been presented, and then make a fair determination based on the evidence that has been placed before us. - Conducting Investigations
Our firm has conducted numerous investigations into serious allegations that have been levelled in the workplace. Allegations such as bullying, sexual harassment, racial discrimination, and workplace misconduct place a duty on the employer to investigate to ascertain whether there is merit to the allegations and/or whether there is a prima facie basis for the employer to proceed with disciplinary action against an employee. - Training
We present a variety of bespoke employment law skills training initiatives, tailored to suit our client’s specific needs and pocket. These include, for example, training employees on how to conduct disciplinary enquiries, on acting as a chairperson for internal inquiries, guiding managers in understanding workplace misconduct, managing employees, and the handling of sexual harassment, racial discrimination or bullying in the workplace, POPI compliance, and so forth. - Advice and Legal Opinions
We provide advice to clients on a broad spectrum of employment-related issues, including incapacity, misconduct, constructive dismissal, operational requirements in terms of s189 of the Labour Relations Act, and transfer of a business in terms of section 197 of the Labour Relations Act.
Since the commencement of the Covid-19 pandemic, we have also been providing advice to both employers and employees pertaining to their respective rights, duties and obligations in circumstances where Covid-19 has impacted on the workplace.
Employment law and contract law are just two of the legal areas that feature heavily in the captivating world of professional sports in South Africa. Most clubs, franchises, and provincial and national sports teams engage with professional sports persons and coaches through means of contracts, usually fixed-term in nature.
Despite the fixed-term nature of these agreements, an employment relationship is usually established, and as such, sports persons and coaches who have signed fixed- term contracts are permitted to use the protection afforded to employees in terms of inter alia the Labour Relations Act 66 of 1995.
Like any other employment relationship, disputes may arise. These may be between the player or coach and the club, franchise, national or provincial team’s representatives, or the board of such entities. These failed relationships usually negatively affect not only the parties concerned but further have a material impact on team members and their performance if not handled efficiently and effectively.
Our purpose is to assist players, coaches, clubs, franchises and provincial and national teams to achieve positive outcomes to failed relationships – through means of mediation, arbitration, or litigation.
In addition to the above, we also conduct impartial investigations within sporting clubs and franchises where there have been allegations of wrongdoing (such as alleged corruption, misconduct, bullying, harassment, or any general misconduct). We then provide the respective board with our independent findings for review, and where applicable, for actioning.
Our firm has assisted various independent and public schools on a broad spectrum of legal issues within the education environment. Our services include inter alia:
- Employment related services
Drafting and/or reviewing all types of employment contracts, drafting and/or reviewing employment policies and procedures, conducting investigations into allegations of serious misconduct, discrimination or harassment of any nature, providing advice and drafting opinions for schools on all employment related issues, assistance with the entire disciplinary process including drafting of charge sheets, preparing for the enquiry, training chairpersons, or acting as an independent chairperson (where not conflicted) or appointing such other independent chairpersons. - Contractual related services
We are able to assist schools with the drafting or reviewing of all contractual terms and conditions necessary for the effective management of the relationship between the school and the parents/guardians, including enrolment or re-enrolment terms and conditions, codes of conduct, indemnity forms, consent forms and the like. - Disciplinary related services
In circumstances where a learner (or the learner’s parents/legal guardians) breach the terms and conditions of the school (whether it be a breach of the enrolment terms or the schools code of conduct or such other contracted terms), we can provide the school with legal advice pertaining to the correct procedures and fairness requirements that the school needs to observe, prior to terminating any contract or refusing a learner access to education. We are also in a position to brief independent chairpersons to chair hearings. - Litigation related services
We have successfully assisted schools in defending a number of urgent applications and applications brought in the normal course within the High Courts, Constitutional Courts and Equity Courts. These matters have included inter alia successfully defending the school’s decisions to suspend and/or expel certain learners as a result of misconduct and the school’s decision to terminate the contract entered into with parents as a result of breach of contract by parents/legal guardians (including non-payment of school fees).