Employment Law
At Machanik Attorneys, we cover all aspects of employment law, commencing with the contract of employment/appointment (drafting, reviewing, or advice) or the appointment of an employee or independent contractor, through to termination of employment by dismissal or retrenchment.
Consultation to Advise on Employment Matter
The first step in dealing with your employment matter is to get to know you and the intricacies of the matter in order to advise on your options.
During our consultation (usually one hour), we’ll discuss your employment matter carefully to advise on what your next steps are including the process involved and your prospects of success.
We offer advice on appointing permanent or temporary staff, contracts for a limited duration and independent contractors.
Preparation & Reviewing Contracts of Appointment
Hiring the right people for your business is key to its success. Accepting a position of employment is also one of the biggest decisions of one’s working life.
Each party wants a thorough contract protecting their interests. We help you prepare or review employment contracts and/or agreements. This includes advising you on the best employment/appointment contract for your company and/or you as an individual, helping you understand the terms and conditions of your appointment.
It’s important to be aware of your rights within the employment context and the contract you are about to sign. We help you understand the conditions of employment and ensure the contract complies with legislation and company policies.
Advice & Assistance with Employee Performance
You want to know you’re getting the best from your employees and how you can motivate them to keep achieving their best. This starts with ongoing training and reviewing performance. We advise and assist with managing employee performance, performance appraisals and reviews to ensure compliance with your company policy and employment laws.
We assist employers and employees from the employee’s appointment to the workplace experience to managing the employment relationship to termination.
Advice & Assistance with Termination of Employment
Terminating an employee’s appointment needs to be handled with due care within our employment law framework. We advise and assist with termination of employment – resignation, performance issues (due to medical incapacity or not meeting a certain standard of the position), enforcing disciplinary policies and/or measures and/or retrenchment.
We assist employers and employees going through a retrenchment with:
- Advice on the consultation and retrenchment process
- Preparing the applicable paperwork and documentation
- Calculating severance packages
- Terminations
Navigating & Appearing in the CCMA & Labour Court
Despite your best efforts, you may have no option but to involve the CCMA or Labour Court with your employment matter.
Not only can we help you navigate lodging and fighting your claim at the CCMA or the Labour Court, but we’ll also engage with the other party to achieve an amicable resolution.
Depending on the nature of the matter we will advise whether you need to approach the CCMA or the Labour Court.
Legal Opinion on Employment Matter & Contracts of Appointment
We provide our legal opinion on all employment matters.
We’ll research and share our legal opinion on any employment matter, including medical and minimum prescribed benefits, pension and provident fund benefits, severance and termination packages.
Disciplinary & Incapacity Enquiries
Disciplinary enquiries are extremely sensitive matters which need to be dealt with internally and often an independent third party is required to chair the enquiry.
We can assist with preparing the disciplinary notices (charge sheets and capacity concerns) or chairing your disciplinary enquires to professionally resolve the internal dispute in compliance with our statutory framework. The chairperson is a neutral third party with no bias towards either party, ensuring the facts of the matter are aired properly and objectively.
We will advise, oversee and steer the disciplinary process to ensure the outcome is fair and legally compliant.
Other Specialities
Litigation & Dispute Resolution
We’ll help you settle ownership (of movable and immovable property) disputes, property disputes, personal, employment and commercial disputes, marital disputes etc., in and out of court.
Family Law & mediation
Spanning interpersonal disputes, marital disputes, divorce, and parenting. We help resolve all kinds of family matters in efforts to counteract uncomfortable relations.
Grays Matter Films
Grays Matter Films consulted Keren on a variety of challenging business issues, ranging from navigating rogue accountants and advising on our Memorandum of Understanding (MOUs) with corporate giants. Throughout each complex case, I felt completely supported, understood, and thoroughly counselled. Keren understood small business financial limitations, and we worked within a budget, which is rare and kind.
Vertical Logic
We engaged with Machanik Attorneys regarding a highly complicated and confidential internal staff matter. Keren was always level-headed, meticulous, and a pleasure to deal with. We would highly recommend their legal services.
OtherWISE Research and Evaluation
I hired Keren as my divorce lawyer because she was the only lawyer (and I interviewed several) who offered a holistic, individual approach. Through careful and thoughtful engagement with me, she tailored my divorce process to meet my specific circumstances, both on a personal and legal level. Throughout the divorce process, Keren provided the perfect mix of legal advice and support, and her strong, confident presence in the process was a godsend.
Catherine Langley
Machanik Attorneys assisted us with our antenuptial agreement. We were advised with great professionalism and efficiency, and the whole process from start to finish was a streamlined process. I shall definitely engage Machanik Attorneys' services again and certainly recommend them – without hesitation!