Labour Law (employment law including pension funds)
K&K provides opinions and advice to clients on labour legislation, which includes, amongst others, the Labour Relations Act, the Skills Development Act, the Skills Development Levies Act, the Basic Conditions of Employment Act, the Employment Equity Act, the Unemployment Insurance Fund Act, the Pension Funds Act and the Medical Aid Schemes Act.
We provide training in respect of the above mentioned pieces of legislation and have a well-developed litigation unit which handles CCMA, Labour Court and High Court Litigation, led by Mr. Khumalo.
We are qualified to advise on sales of businesses, outsourcing and transfers of undertakings, mergers and acquisitions in so far as it relates to labour law. We also provide training and support on how to handle disciplinary enquiries and arbitrations in both the CCMA and Bargaining Councils. We also provide training on amendments in respect of labour legislation.
Our firm has participated in performance management processes and is suitably qualified to advice on this subject as well. We draft and review human resources policies, structures and strategies and provide the relevant training.
Our firm has chaired a number of disciplinary hearings of both junior and senior employees, for small and large companies and has conducted compliance audits on all human resource policies and procedures.
Our pension fund law services include, but are not limited to, the following:
• Advising on retirement benefits;
• Advising on death benefits, disability benefits and withdrawal benefits;
• Lodging complaints with the Pension Fund Adjudicator on behalf of claimants;
• Drawing opinions on specific aspects of the Pension Fund Act including withdrawal benefits and preserved benefits;
• Preparing agreements that relate to enforcement of divorce benefits and maintenance benefits;
• Appearing at enquiries in insolvent estates where liquidation benefits are dealt with;
• Training of trustees and principal officers on Pension Fund Act;
• Acting on behalf of claimants in review of determinations made by the Pension Fund Adjudicator in the High Court; and
• Preparation of filings in the Magistrate’s Court for determination.