employment and labour law
MHA advises on labour disputes, industrial action, retrenchment processes, dismissals, unfair labour practices (promotions, demotions, suspensions), section 197 transfers of employees, discrimination disputes and general industrial relations issues in both the private and public sectors.
The firm furthermore drafts contracts of employment and disciplinary and grievance procedures and advises on collective agreements with unions. MHA chairs disciplinary enquiries for clients and trains employees in labour relations matters
MHA represents clients in the CCMA, Bargaining Councils and Labour Court.
Key Employment and Labour Law matters which we have been involved in:
MHA has represented PRASA in numerous cases arising from the Public Protector’s ‘Derailed” report. MHA has prosecuted senior executives in internal disciplinary enquiries and then defended the dismissals at the CCMA, and later in the Labour Court. The transgressions related to unlawful procurement in terms of the Public Finance Management Act, 1999.
MHA represented Eskom in an internal enquiry, prosecuting the General Manager of one of the power stations in Mpumalanga.
MHA represented the CCMA in a private arbitration against a senior commissioner.
MHA represented Statistics South Africa and Rotek in claims for equal pay for work of equal value brought by employees in terms of the Employment Equity Act, 1998 in the Labour Court.