w w w . w h m l a b o u r l a w . c o . z a · johannesburg whilst hennie van graan lectures the...

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CK 2010 / 020954 / 23 P .O. B O X. 2 4 6 8 5 G E Z I N A 0 0 3 1 Pretoria Office Number: 012 566 3014 CELL. 0 8 4 8 3 3 0 8 1 7 CELL 0 8 3 2 2 5 6 4 3 2 E M A I L: h e n n i e @ w h m l a b o u r l a w . c o . z a m a r c o @ w h m l a b o u r l a w . c o . z a WEB SITE: w w w . w h m l a b o u r l a w . c o . z a

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Page 1: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically

CK 2010 / 020954 / 23

P .O. B O X. 2 4 6 8 5 G E Z I N A

0 0 3 1

Pretoria Office Number: 012 566 3014

CELL. 0 8 4 8 3 3 0 8 1 7 CELL 0 8 3 2 2 5 6 4 3 2

E – M A I L:

h e n n i e @ w h m l a b o u r l a w . c o . z a m a r c o @ w h m l a b o u r l a w . c o . z a

WEB SITE:

w w w . w h m l a b o u r l a w . c o . z a

Page 2: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically

Re: Labour Relations and Human Resources Management.

WHM Labour Law Advisors has over 15 years' experience within the Human Resources and Industrial Relations environment. It would be unrealistic to assume that the practices of Industrial Relations are uncomplicated but unfortunately the current legislation is very "worker centric" and changes annually leaving employers very frustrated and their knowledge outdated. WHM Labour Law Advisors solve these frustrations in that they keep their clients updated regarding these changes which often need to be implemented immediately. Regarding disciplinary procedures, success is ensured when the Industrial Relations practitioner prepares the employer's case in such a way that it can be challenged at the appropriate forum. This improved rate of success at the CCMA will save the client paying out compensation when it is not due. The monthly retainer package available from WHM Labour Advisors protects clients from paying out compensation to unethical employees who try to lodge dishonest claims at the CCMA. The package provides ongoing legal protection and advice, making legal representation more affordable and feasible to employers. WHM Labour Law Advisors is an accredited member of the AHI Employer's organisation. All members of WHM Labour Law Advisors are also registered members with the AHI. This registration allows WHM Labour Law Advisors and its members to represent a company in any CCMA or Bargaining Council matter. This is a huge benefit to clients in terms of cost-saving as the utilisation of an Industrial relations practitioner to prepare ad hoc legal documentation is very costly. The team at WHM Labour Law Advisors is highly qualified in all aspects of labour law and litigation. Wim de Beer lectures on labour relations at an advanced level at the University of Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically up to honours level at the University of Pretoria and Rand Afrikaans University respectively, with extensive experience in the security, retail, manufacturing, food services and hospitality sectors. The third member of the team, Marco Entres has extensive knowledge in logistics and project management and adds an invaluable hand- on aspect to the services offered to clients. We trust that this brief explanation will shed light on the added value of WHM Labour Law Advisors to your company. This outsourced Human Resource (HR) service as discussed underneath will be rendered at a monthly retainer fee of negotiated with the client, (Please note: No hidden or extra costs inside Gauteng) payable in advance, excluding any travel or accommodation expenses outside the Gauteng province.

WHM Labour Law Advisors is a registered member of the AHI

Employers Organisation

Page 3: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically

The following functions will be provided at shop level. (At client’s premises) Disciplinary Management

24/7 telephonic support and advice.

Assisting in the issuing of serious and final written warnings.

Investigation of any occurrence of employee misconduct or poor performance.

Support in the drafting and preparation of charges.

Assistance in the issuing of disciplinary hearing charge sheets.

Chairing of disciplinary and appeal hearings.

Performance Management

Assistance in the management of medical certificates and excessive absenteeism of employees.

Drafting of job descriptions.

Formulation and development of job performance appraisals.

Union Negotiations

Management of all correspondence with trade unions.

Representation of employers in: o Wage negotiations. o Retrenchments (S189). o Grievances. o CCMA – legal cases.

General Human Resource Functions

Design and implementation of HR procedures and policies.

Revision of existing HR procedures and policies.

Drafting of job descriptions and specifications.

Assistance in recruitment, selection, interviewing and placement of new staff.

Cross checking of references for new employees.

Origination and roll out of induction programmes based on employer requirements and specifications.

Establishment of a Work Skills and Employment Equity plan.

General Human Resource Documents

Provision of all HR documentation including standardised employment agreements.

Updating and revision of all existing HR documentation.

Design and development of new HR documentation.

Assistance with negotiation and finalisation of all new employment agreements or addendums.

Legal Representation

WHM Labour Law Advisors is an accredited member of the AHI Employers’ Organisation.

Accreditation with the AHI Employers Organisation ensures full client representation in any CCMA or Bargaining Council matters.

Page 4: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically

The Skills Development Act (SDA)

Organisations who pay the skills levy may claim up to 20% of their levies back in mandatory grants if the Skills Development Facilitator (SDF) submits the Workplace Skills Plan (WSP) and Annual Training Report (ATR) in accordance with the prescribed requirements.

WHM Labour Law Advisors will provide the company with a qualified Skills Development Facilitator (SDF) that can assist the employer with the development and implementation of a Workplace Skills Plan (WSP) and Annual Training Report (ATR) and submit these documents to the relevant SETA by the due date.

Group Insurance Policy

The Mooirivier CLRS Labour Insurance Group Policy covers clients of WHM Labour Law Advisors from loss with regards to awards given by the CCMA and Bargaining Councils. Under certain conditions an emergency settlement will also be covered.

Clients benefit as premiums are covered by WHM Labour Law Advisors. Training

Origination of customised training programs specific to employer’s requirements.

Skilling of middle management in: o Preparation of evidence and chairing a disciplinary hearing o Performance management

Payroll Administration

Expert, comprehensive payroll solutions.

Highly efficient and legally compliant payslips.

For small and medium sized enterprises.

Although a rate of R850-00 per hour, or the quarter thereof, is also included in the proposal we have found that the retainer is cheaper in the long run especially where protracted support at disciplinary hearings and CCMA makes the hourly rate somewhat expensive. Please note that our services entail that we remain contactable at all hours. If these hands on labour services on your premises were to your satisfaction a letter indicating your interest and confirmation would be appreciated. I trust that this brief explanation will shed light on the added value of WHM Labour Law Advisors Please feel free to contact us should you need any further information regarding our services Kind Regards Hennie van Graan Wim de Beer HR & IR Consultant HR & IR Consultant (084 833 0817) (082 900 8123) [email protected] [email protected] Marco Entres Johan Bekker HR & IR Consultant HR Development Consultant (083 225 6432) (082 462 4503) [email protected] [email protected]

Page 5: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically
Page 6: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically
Page 7: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically
Page 8: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically
Page 9: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically

PURPOSE AND AIM OF THE (SA) UEO

The organisation is the mouth piece of the small to medium business enterprise in South Africa

across all industry sectors, empowering and representing our members with regards to the

following:

Any industry related problems

Up to council level and CCMA level with regards to any labour related problems

Labour Court

Giving input up to government level with our seats at BUSA when it comes to any legislative

matters and policy forming

We associated with AHI to be able to give input on business affairs on behalf of the SMMME’s

in South Africa

OBJECTIVES

To provide a specialist organiser also being members that can operate in synergy with the

organisation towards the same vision.

To establish financial stability that will support planned actions.

To continuously increase membership numbers on a national basis.

To maintain a sustainable support structure to enable effective administration on marketing,

networking, coordinating and relationship building.

To provide 24 hour advice.

To sustain and grow the SMMME’s in South Africa.

Page 10: w w w . w h m l a b o u r l a w . c o . z a · Johannesburg whilst Hennie van Graan lectures the same at the University of Johannesburg (Soweto campus). Both are qualified academically

Finally, peace of mind for the BOSS!

SUMMARY OF THE MOOIRIVIER CLRS LABOUR INSURANCE GROUP POLICY:

The Mooirivier CLRS Labour Insurance Group Policy, covers the clients of the Labour

Consultancy from loss with regards to awards given by the CCMA and Bargaining Councils.

Under certain conditions an emergency settlement will also be covered.

The Labour Consultancy completes the assessment form only once during the assessment

process.

The clients of the Labour Consultancy are added to the assessment and it is the decision of

the Labour Consultancy what cover the client should be insured for.

The premium is paid by the Labour Consultancy on behalf of all the clients, by way of

monthly debit order. The client does not pay the premium and in terms of Insurance law may

not pay the premium to the Labour Consultancy. The cost of the premium is an expense in

the books of the Labour Consultancy.

The client receives an insurance certificate and policy wording which details the cover, and

conditions. The premium amount is not shown to the client in the certificate.

The Labour Consultancy receives a policy schedule which details what clients are covered,

the amount of cover and the monthly premium.

The logo of the Labour Consultancy is added to both documents as mentioned above.

Once a month we will send a request via e-mail to the Labour Consultancy to update the

client list and the premium will be amended accordingly.

The client is not allowed to follow any procedures which may lead to a dismissal, without the

direct advice, council and participation of the Labour Consultancy. The client must be

represented by the Labour Consultancy at the CCMA and Bargaining Council proceedings.

No employee may be dismissed before our advice line has been contacted and the

dismissal has been confirmed by us. This must be done by e-mail at

[email protected] or by voice call at 082 789 9501.

No settlement may be reached unless we gave the Labour Consultancy a direct mandate

to settle and an amount to settle. For mandates pertaining to settlements, phone 018 297 7025 or 082 789 9501.

Mooirivier CLRS is a Division of Mooirivier Brokers Potchefstroom an Authorised Financial Services Provider

FSP number: 14865