Workplace & conduct · 03
CCMA strategy, charge drafting and process support
Charge-sheet drafting; evidence and bundle preparation; conciliation and arbitration strategy; incapacity and poor-performance processes designed to survive review; and settlement structuring,…
Charge-sheet drafting; evidence and bundle preparation; conciliation and arbitration strategy; incapacity and poor-performance processes designed to survive review; and settlement structuring, including the section 142A point and the tax treatment.
Employers preparing for, or recovering from, a matter at the CCMA or a bargaining council.
Whether a settlement payment is a severance benefit, a restraint payment or an ex gratia amount changes its tax treatment entirely, and getting it wrong creates a liability after the ink is dry. Settle the tax directive position before signature, not after.
The law it sits under
The framework this work answers to.
Section 188 of the LRA requires a dismissal to be both substantively and procedurally fair. Section 191 sets the referral routes and the time limits — thirty days from the date of dismissal for an unfair dismissal dispute, ninety days for an unfair labour practice — with condonation available but never assured. Most cases are decided on documents created long before the referral: the charge sheet, the notice, the minute of the hearing and the ruling.
How the engagement runs
What you are committing to.
The file is assessed for what it will actually prove, the charges and documents are drafted or corrected where there is still time, the evidence is organised into a bundle, and the representative is prepared on the theory of the case. Where settlement is the right answer, that is said early, with the range and the reasoning.
The practice does not appear at the CCMA or in the Labour Court, and does not hold itself out as able to. This is strategy, drafting and preparation behind whoever does appear. Where representation is needed, it is said at the outset and the matter is referred.
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