Dauds Advisory
Employment, Benefits & Immigration
We are aware that our clients expect practical and efficient service in an often complex and fast-moving working environment. We advise on the full range of employment issues including providing strategic and practical advice on a range of HR legal projects which includes assisting with the design and roll-out of HR policies and incentive plans, conducting workplace investigations, managing employment disputes, managing employee/labour relations, managing workforce restructuring, redundancy and reduction exercises, managing employment terminations, managing trade union relations and industrial action, assisting with restrictive covenants which are necessary to protect an employer against the loss of confidential information, customers and other employees. We also assist by providing immigration services.
Restructuring, redundancies and reductions in workforce
Companies and organisations face the prospect of restructuring, redundancies and reductions in the workforce for a variety of reasons. They include:
- the need to make the business profitable and ensure its viability
- the need of a merger or acquisition
- the result of an insolvency
- the need to reorganise the workforce
We advise, assist and support clients to ensure an efficient process of workforce reorganisation, redundancies and reductions in workforce. We work with employers to plan terminations in advance, determine the components of severance packages, provide required documentation and advise on the statutory, contractual and other legal requirements.
Wrongful terminations
Claims of wrongful termination, breach of contract, constructive dismissal, discrimination and the litigation that follows are realities companies and organisations face. They can be distracting and disruptive. Our priority is to resolve such disputes speedily through mediation so the company or organisation can get on with its business. Where mediation fails, we stand ready to assist, guide and support employers through the arbitration process. We provide advice and assistance with the gathering of evidence and documents, and the preparation of witnesses for the arbitration. We provide litigation support where the dispute ends up in Court.
Disciplinary and grievance procedures
All employers have high expectations of employee performance and conduct, and expect employees to continuously meet and exceed the organisation’s high standards of performance and ethical conduct. Positive, engaged and motivated employees are a hallmark of successful companies and organisations. There are occasions when employee discipline becomes necessary to improve or modify employee attitude and performance. This is where we provide advice on sensible, practical and appropriate disciplinary responses. Our team ensures that the disciplinary process adheres to the contractual, common law and legislative rules and processes. We also provide advice and guidance on the institution of a grievance procedure to deal with workplace issues.
Employment contracts and policies
We assist employers with the drafting of employment contracts and workplace policies, including strong, enforceable restrictive covenants and other provisions designed to clearly inform employees of the employer’s expectations, and the employees’ duties to the employer. Restrictive covenants are often necessary to protect an employer against the loss of confidential information, customers and other employees.
Remuneration and incentives
Companies and organisations worldwide compete for the best talent as they seek to make their business more successful. Remuneration and incentives are important tools in attracting such talent. We work with our clients to devise appropriate remuneration and incentive structures. In this regard, we draw on our expertise in tax and provide advice on the implementation of employee share option schemes, profit-sharing schemes and employee benefit trusts.
Industrial relations and collective labour law negotiation with unions and employee representatives
To remain successful, employers need to strike a balance between labour productivity, employment costs and staff engagement. For this reason, an employer’s labour relations strategy takes centre stage. We provide proactive, sensible and practical advice on labour relations matters, including:
- the integration of workplace arrangements with operational objectives
- collective bargaining agreements
- workplace forums
- industrial action, picketing and dispute management
- union and individual workplace rights
HR Support and Training
We offer training for employers and regular workshops on changes in the law, including policies which may need to be reviewed. We stand ready to provide specific training sessions tailored to an employer’s needs.
