In any proceedings concerning a dismissal, it is presumed, unless the contrary is proved by the employer, that the dismissal is unfair. (Act No. 11, 2007 Labour Act, 2007).
The LSS Labour Consulting Service is a service established to assist the business owner in protecting themselves and to minimise their risks with labour related matters in the work place. The unfriendly Labour Act requires employers to protect themselves and to minimise their risks with agreements between themselves and their employees. Agreements extend and explain further terms and conditions that can enhance the business owners rights and when done properly secure their protection from employees that may abuse the Labour Act.
No business has the same needs, risks or possible exposure and therefore requires extended protection for its specific circumstances and industry related requirements. Our legal advisor visits our clients on-site in order to assess their specific needs for their specific requirements to minimize our client’s risks.
The only solution business has, is to enhance their protection with industry related and or personalized employment contracts and company policies to suit the Employer’s requirements followed with applying fair procedure for each labour related incident.
The LSS Labour Consulting Service entails that our Labour Consultants (legal advisors) visit our clients on site to view their personal situation within four weeks of registration in the LSS Labour Consulting Service.
During this personalised visit, specific attention is focused on through our needs analysis in protecting employers in their:
- Contract of Employment,
- Company policies and procedures,
- Disciplinary codes,
- House rules,
- Restraint of trade agreements
- Code of Conduct,
- Confidentiality Agreement,
- Telephone Policy,
- Leave Policy,
- Smoking Policy,
- Company Transport Policy,
- Transport Indemnity,
- Dress Codes,
- Operating procedures,
- Company Asset,
- Equipment protection,
- Common Purpose,
- Remuneration packages,
- Job descriptions, etc
These agreements and company policies are required to enhance the employer’s protection to maximum capacity and against the possible abuse of the Labour Act by their employees.
During the needs analysis visit the requirements of our clients are established and upon return at LSS our Labour Consultant finalises the required documentation. In our experience it’s of importance to note that in any incident as far as the law is concerned, cases gets built through a series of events that can lead to your failure in successfully succeed in defending or present your case.
In the Labour Act, decisions are influenced by the fairness and the application of correct procedure for the relevant situation at hand. In the Labour Act, 2007, during conciliation and arbitration, employers may only be represented by a registered Employers Organisation, Director, Member or an employee of the juristic party involved. The new Labour Act does allow legal practitioners to represent. It is only allowed when agreed by both parties.
LSS therefor register our clients with an Employers Organization (NEO or any other LSS preferred service provider) to represent employers in dispute resolution proceedings, as stipulated in The Labour Act, 2007, at the Labour Commissioner and the Labour Commission offices.