Our Services
Makhubo B E Attorneys
Makhubo B E Attorneys
We have a wealth of experience to guide both employees and employers in alternative dispute resolution. Our involvement will enable our clients to resolve disputes effectively, firmly and with reasonable speed.
Our services include but are not limited to the following:
- Conciliations
- Mediations
- Arbitrations/presiding of internal disciplinary proceedings
Makhubo B E Attorneys
Our areas of expertise
Conciliation is a voluntary process in which we act as a facilitator to assist an employer and an employee(s) to resolve their disputes. It is an informal process in which the parties are free to represent themselves or be represented by trade unions or by employer organisations. Ideally, there should be no legal representation during conciliation.
The process usually follows after a failure by the parties to resolve the dispute through their efforts. The process can be described as a facilitated search for agreement between disputing parties.
Once appointed we act as an independent, impartial chairperson facilitating discussions and negotiations between the parties to the dispute. Our role is to assist the parties in their efforts to reach a mutually acceptable settlement to their dispute.
Conciliation involves a holding a series of meetings that usually take place on the same day. We will first preside a joint meeting of the parties to the dispute and/or their representatives to share critical information and adjusting their views or positions based on information which comes to light, while as far as possible, seeking a mutually accepted agreement.
The joint meeting is intended to enable the facilitator to hear the views of each party to the dispute and to clarify any issues of historical fact relating to the issue in dispute. The joint session will be followed by separate meetings with each party. The separate meetings enable us to explore the possibility for a mutually acceptable agreement, based on proposals by each party, to resolve the issue in dispute.
All the information disclosed during the separate sessions will be treated with the utmost confidentiality and not divulged to any other party unless disclosing party expressly authorises us to do so. We cannot impose an outcome on the parties. By implication, it is the parties who retain control of the issues in dispute during conciliation process. Similarly, a settlement of the dispute is an outcome that the parties themselves voluntarily agree on. A settlement occurs either when the parties themselves reach a mutually acceptable agreement in conciliation or where they accept a proposal for settlement that the facilitator has put proposed for the parties’ consideration. It also stands to reason that should the parties be unable to resolve their dispute during the conciliation process, that is also their decision.
The process usually follows after a failure by the parties to resolve the dispute through their efforts. The process can be described as a facilitated search for agreement between disputing parties.
Once appointed we act as an independent, impartial chairperson facilitating discussions and negotiations between the parties to the dispute. Our role is to assist the parties in their efforts to reach a mutually acceptable settlement to their dispute.
Conciliation involves a holding a series of meetings that usually take place on the same day. We will first preside a joint meeting of the parties to the dispute and/or their representatives to share critical information and adjusting their views or positions based on information which comes to light, while as far as possible, seeking a mutually accepted agreement.
The joint meeting is intended to enable the facilitator to hear the views of each party to the dispute and to clarify any issues of historical fact relating to the issue in dispute. The joint session will be followed by separate meetings with each party. The separate meetings enable us to explore the possibility for a mutually acceptable agreement, based on proposals by each party, to resolve the issue in dispute.
All the information disclosed during the separate sessions will be treated with the utmost confidentiality and not divulged to any other party unless disclosing party expressly authorises us to do so. We cannot impose an outcome on the parties. By implication, it is the parties who retain control of the issues in dispute during conciliation process. Similarly, a settlement of the dispute is an outcome that the parties themselves voluntarily agree on. A settlement occurs either when the parties themselves reach a mutually acceptable agreement in conciliation or where they accept a proposal for settlement that the facilitator has put proposed for the parties’ consideration. It also stands to reason that should the parties be unable to resolve their dispute during the conciliation process, that is also their decision.
Our mediation services can quickly and effectively resolve 80 percent of all disputes before they escalate, thereby restoring much needed harmonious employment relations which are necessary for any business to focus on its day to day operations of rendering services to its customer base, and creating shareholder value.
Workplace disputes invariably arise in any business. They take time away from business operations, waste money and energy, and can damage morale and have a detrimental effect on employment relations. The more prolonged the underlying issues, the deeper entrenched the attitudes of the parties who are engaged in an unresolved dispute.
We are here to assist our clients to manage such disputes timeously, proactively and efficiently in order to minimise any potential risks to their businesses and employment prospects. This is achieved by bringing the parties who are embroiled in a dispute into a private room together with the mediator. The mediators encourages them to talk openly about what gave rise to the dispute, how it made them feel, and what kind of resolution may assist in resolving the dispute between the disputants. The mediator then assists the parties to explore various scenarios, which could bring them closer towards understanding each other’s concerns, and ultimately reaching a win-win agreement where possible.
The mediation process is so effective that it is recommended that all organisations should embark on mediation before invoking a formal grievance procedure. Parties may also resort to mediation once the grievance procedure has been nearly exhausted and more severe and costly legal approaches are being considered.
A mediator can only recommend outcomes and the parties can choose whether or not to accept those recommendations.
Workplace disputes invariably arise in any business. They take time away from business operations, waste money and energy, and can damage morale and have a detrimental effect on employment relations. The more prolonged the underlying issues, the deeper entrenched the attitudes of the parties who are engaged in an unresolved dispute.
We are here to assist our clients to manage such disputes timeously, proactively and efficiently in order to minimise any potential risks to their businesses and employment prospects. This is achieved by bringing the parties who are embroiled in a dispute into a private room together with the mediator. The mediators encourages them to talk openly about what gave rise to the dispute, how it made them feel, and what kind of resolution may assist in resolving the dispute between the disputants. The mediator then assists the parties to explore various scenarios, which could bring them closer towards understanding each other’s concerns, and ultimately reaching a win-win agreement where possible.
The mediation process is so effective that it is recommended that all organisations should embark on mediation before invoking a formal grievance procedure. Parties may also resort to mediation once the grievance procedure has been nearly exhausted and more severe and costly legal approaches are being considered.
A mediator can only recommend outcomes and the parties can choose whether or not to accept those recommendations.
Arbitration or a disciplinary hearing in employment law is a binding form of dispute resolution whereby the parties which are involved in a dispute enter into an agreement that their dispute be referred to arbitrator for determination by an independent arbitrator. In order to avoid a costly and often lengthy litigation process, parties may decide to enter into an arbitration agreement and refer their dispute to a neutral arbitrator to decide their rights and obligations.
A disciplinary hearing or arbitration is a formal and legalistic process than a conciliation or mediation process. It should be convened where dismissal, demotion or punitive suspension may follow as a possible sanction for serious or repeated acts of misconduct.
Our role in this regard is that of the Chairperson of the disciplinary proceedings. The chairperson is an independent legal expert who does not have prior knowledge of the allegations of misconduct, which the Employer has raised against its Employee(s). Our main role is to evaluate all the evidence presented by the Employer and to make a finding of whether the Employee is “guilty” or “not guilty” of the charge(s) preferred against the Employee(s). If the Chairperson pronounces a “guilty” verdict, he would also be required to impose an appropriate sanction after assessing all the evidence in mitigation and aggravation that was presented to him, based on the prayer of the Employer (representative) and informed by the Employer’s Disciplinary Code or Policy.
A disciplinary hearing or arbitration is a formal and legalistic process than a conciliation or mediation process. It should be convened where dismissal, demotion or punitive suspension may follow as a possible sanction for serious or repeated acts of misconduct.
Our role in this regard is that of the Chairperson of the disciplinary proceedings. The chairperson is an independent legal expert who does not have prior knowledge of the allegations of misconduct, which the Employer has raised against its Employee(s). Our main role is to evaluate all the evidence presented by the Employer and to make a finding of whether the Employee is “guilty” or “not guilty” of the charge(s) preferred against the Employee(s). If the Chairperson pronounces a “guilty” verdict, he would also be required to impose an appropriate sanction after assessing all the evidence in mitigation and aggravation that was presented to him, based on the prayer of the Employer (representative) and informed by the Employer’s Disciplinary Code or Policy.
We have the expertise to defend you against any unfair treatment which occur at your workplace. Those include the following:
o Defending you against allegations of misconduct
o Unfair labour practices
o Legal representation at the Commission for Conciliation, Mediation and Arbitration (CCMA); the bargaining council and other accredited tribunals
o Legal advice and support
o Preparing you to defend yourself where your employer; the CCMA or bargaining council or tribunal does not allow external legal representation
o Defending you against allegations of misconduct
o Unfair labour practices
o Legal representation at the Commission for Conciliation, Mediation and Arbitration (CCMA); the bargaining council and other accredited tribunals
o Legal advice and support
o Preparing you to defend yourself where your employer; the CCMA or bargaining council or tribunal does not allow external legal representation
- Our other services
- Drafting and/or reviewing policies and procedures to avoid or mitigate workplace disputes
- Training senior employees/managers in alternative dispute resolution procedures
- Preparing templates and guidelines for use in consequence management
- Presiding over or initiating disciplinary and grievance enquiries
- Legal opinions and advice
- Employment contracts
- Drafting of settlement/separation agreements