Dismissals & Unfair labour practices
FOR UNFAIR DISMISSALS, UNFAIR LABOUR PRACTICES, UNPAID SALARIES, LEAVE PAY AND SICK LEAVE.
Whether you are an employee bringing a claim, or an employer defending a claim, the claim’s success or failure can often depend on whether or not the claim has been brought under the correct category, and also by knowing what can or can’t be claimed, so it is advisable to know your rights before you unnecessarily waste time, energy and money!
LEGAL REPRESENTATION
AT THE CCMA, BARGAINING COUNCILS, LABOUR COURT AND LABOUR APPEAL COURT.
Legal representation is not automatically allowed at the CCMA or at a Bargaining Council, but you have the right to obtain legal assistance when preparing for the case. Legal representation is always permitted at the Labour Court and Labour Appeal Court.
DISCIPLINARY HEARINGS
Whether you are convening a disciplinary hearing, or whether you are facing a disciplinary hearing, thorough preparation for the hearing with the guidance of an expert in labour law is essential.
the sheriff & the enforcement of arbitration awards
Whether you are enforcing an arbitration award, or whether an arbitration award is being enforced against you, an award for compensation is not enforced in the same way as an award of reinstatement, and knowing the difference will make all the difference.
UNSATISFACTORY ARBITRATION AWARDS
AN AWARD IS NOT NECESSARILY THE FINAL SAY ON THE MATTER.
An arbitration award may be set aside in 2 ways – the 1st is a recission application, and the 2nd is a review application. Knowing which application to bring could be the difference between success and disaster!
RESTRAINTS OF TRADE
THE CONSTITUTIONAL RIGHT TO EARN A LIVING
is not what determines whether a restraint of trade will be enforced by the Court. It is determined by the ambit, area and duration of the restraint period, as well as the interest that the restraint is seeking to protect.
DISCIPLINARY CODES & PROCEDURES
Codes and procedures regulate the employment relationship between the employer and the employee and set out what is, and what is not acceptable conduct, and the consequences that flow from unacceptable conduct.
STRIKES
DEALING WITH STRIKES AND INTERDICTING STRIKES.
There are very clear guidelines which regulate what issues can be the subject of a strike; what procedures must be followed; and what the consequences are depending on whether the procedures were followed or were not followed.
TRADE UNION NEGOTIATIONS
A working knowledge of the law is always vital when conducting negotiations with trade unions, or when determining whether to recognise a trade union. If a union is recognised, a recognition agreement regulates the manner in which the trade union will conduct itself when dealing with the employer.
IN-HOUSE TRAINING- SEMINARS- INTERACTIVE TALKS AND LECTURES
It is vital that management ensure that they are kept up-to-date with the latest developments in labour law and thereby expand their knowledge while limiting their risk and exposure to claims of unfair treatment.
Benefits of working with Berkowitz Attorneys
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Expert Counsel
You will receive the benefit of in-depth knowledge from Craig Berkowitz who is an expert in the field of labour law, and who , based on 20 years of experience is from time to time, appointed to sit as an Acting Judge in the Labour Court of South Africa.
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Personalised Service
Craig is not only readily accessible, but your contact will always be directly Craig every step of the way in your matter which you have entrusted to him.
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Reliable & Efficient
Craig has an enviable record of reliability and efficiency which ensures the best possible outcome for you as the client.
Watch television interview with Craig conducted on 11 September 2019
Kind words from our clients
Some of our clients







