 The Labour Act Chapter of the Statutes of this Country is the governing piece of legislation as far Employment Law is concerned and Legal Practitioners involved in labour law should be aware of what their Clients rights and duties are in terms of this Act  It is necessary to be aware of where the cut off level is in an organisation between Workers and Managerial Employees as the approach in a number of aspects of labour law differs where the person being dealt with is managerial or worker. A reasonable basis for a cut off is those with the National Employment Council governed by the Collective Bargaining Agreement are Workers while those outside of it are Managerial Employees

 Our Labour Relations environment is unfortunately reasonably confrontational and as such it likely that your Employer Clients will on some occasions be threatened with the claim that they have committed an unfair labour practice and will be advised that if they do not do what is requested of them this ULP will be pursed. Do not allow this threat to pressure you into concessions that are not required. Always ask for the allegations to be put in writing and do not be afraid to contest them at either the NEC or with Labour  The Labour Act as read with the Collective Bargaining Agreement for the sector your Client is in lays down minimum conditions of employment that are enforceable against an Employer irrespective of whether the Employer has agreed with his Workers that lesser conditions of employment are acceptable to them. Lesser conditions of employment are only enforceable in law if one gets an exemption from the NEC allowing you to put those conditions of employment into place.

 Minimum conditions that your Clients should be aware of are in the areas of leave, sick leave, special leave, maternity leave, notice, that are in terms of the Act and also the minimum conditions laid down in terms of the CBA such as hours of work overtime pay rates allowances and protective clothing.

 There is a tendency in terms of our industrial relations practices to under play the role of Workers Committees/Works Councils. These are bodies formed in terms of the Act and if Workers want a Workers Committee they are entitled to form one and once formed a Works Council has to be formed irrespective of whether the Employer wants one or not. The process of interacting with Workers Committees/Works Council is one of consultation not agreement and a Works Council cannot dictate to Management what it will or will not do. Issues that need to go before a Works Council are laid down in sections 25 and 26 of the Act

 Trade Union access to an Employers premises is not absolute and it should be strictly controlled. Access is not available to unregistered unions as a union registered for an interest can lodge an ULP against an Employer giving rights of access to an interest they have registered in the name of their union to an unregistered union

 While an appeal does not suspend the determination appealed against in an appeal to the Labour Court there is a provision in the Labour Court rules to allow for an application for the suspension of a writ of execution arising out of the award appealed against (rule 34) and one should use this to protect one against a writ of execution

 In regard to strikes it is almost impossible to lawfully strike in our law. 14 days notice of an intention to strike has to be given and during those 14 days an Employer can go to the Department of Labour and ask for a show cause hearing. Once this is done the strike cannot go ahead. There is also a misconception that disciplinary action cannot be taken against illegally striking workers, but this is not true. If an Employer wishes to discipline without a show cause hearing he can do so. If an Employer goes the show cause route he can apply to the Labour Court for permission to discipline. Discipline will be in terms of the relevant Code of Conduct

 Understand the relationship in law that exists between a Labour Broker, his employees and an Employers use of labour in terms of a contract with the Brokers as opposed to them being employees of the Company using the Labour

 At all times Legal Practitioners should have access not only to the Labour Act, but also to the relevant Sector CBA and the relevant Code of Conduct that governs your Clients conduct