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O'Donoghue & Marais Attorneys

About O'Donoghue & Marais Attorneys

We offer a modern approach to legal practice. The firm was established in January 2014 after partners Soné O'Donoghue and Grizel Marais saw a need for an approach where the aim is not to waste valuable resources.
Soné O'Donoghue obtained an LLB degree from the University of the North West Potchefstroom in 2009 and was admitted as an attorney in 2010.

Grizel Marais obtained an LLB degree from UNISA in 2010 and was admitted as an attorney in 2013.
O’Donoghue Attorneys is a young and dynamic firm with ethics and integrity. Our professional staff has experience ranging from 6 years to 11 years. We practice in all areas of law but especialy pride ourselves in our knowledge of labour law (currently the only firm specializing in this field in our area), family law, deceased estates and conveyancing.

Employment contracts, letters of appointment and mutual termination agreements
• Drafting of employment policies and codes of conduct
• Chairing inquiries and managing discipline, incapacity and grievances
• Restructuring exercises and retrenchment (private sector) relating to Section 189 and 189A Retrenchments
• Restraint of trade and confidentiality agreements
• Advising on and interpreting labour statutes, codes of practice and regulations
• Harassment (sexual, racial and bullying)
• Guidance on Remuneration disputes relating to minimum wages, thresholds and grading of employment positions
• Union Negotiations relating to wages, terms and conditions of employment and other matters of mutual interest
• Advise and guidance on general labour law queries relating to the Basic Conditions of Employment Act and the Labour Relations Act as well as main agreements and sectoral determinations of various industries including MEIBC, MIBCO, Roadfreight, Catering, Hospitality, Security, Textile, Wholesale & Retail, Farm workers, Domestic Workers, Civil Engineering etc.
• Industrial action disputes including strikes (protected or unprotected), lock-outs, go-slows, picketing
• Drafting recognition and collective bargaining agreements
• Advising on the employment issues in relation to mergers and acquisitions pertaining to Section 197 transfers



BARGAINING COUNCIL AND/OR BASIC CONDITIONS OF EMPLOYMENT
- WHAT IS A BARGAINING COUNCIL OR THE BCEA
- WHO ARE EMPLOYEES

EMPLOYMENT CONTRACTS
· Who is required to have an employment contract
· Should a contract be in writing
· Interpreting the contract correctly:
- FIXED TERM CONTRACTS
- PROBATION
- WORKING TIME
• Hours of work
• Overtime work
• Remuneration for overtime work
• Compressed working week
• Public holidays

- JOB DESCRIPTIONS
- LEAVE
- SICK LEAVE
· Resignations
TRADE UNIONS
· What requirements a trade union has to satisfy to exercise rights in the workplace
· What rights a union are entitled to
· Recognition agreements
· How access to the workplace work
· How deduction of membership fees work
· When may a union elect a shop steward
· Rights of a shop steward
· Paid time off work for shop stewards and union officials
· Information to which a union is entitled to
· How to withdraw a union’s rights.
Initiator & Disciplinary Hearings – R1500,00 p/p This module focuses on various instances of misconduct in the workplace and how to handle these effectively

MISCONDUCT
· What is substantial and procedural fairness
· Progressive discipline
GATHERING INFORMATION
· Interview witnesses
· Requirements of video footage, documentation, polygraph tests, objects, breathalyser tests and circumstantial evidence to be admissible as evidence.
APPLYING THE INFORMATION GATHERED
· The disciplinary code of the employer
· Deciding what action to take.
- When to issue a warning and when to hold a disciplinary hearing
TAKING ACTION
Warnings –
· How to issue a warning
· Record keeping
Disciplinary Hearings -
· Legal requirements of serving a notice of disciplinary hearing
· Draw up the charges correctly
· Rights of the accused employee have
· Preparation for hearing
· Procedure
· Who has the burden of prove
· What is the burden of prove in disciplinary hearings.
· Opening statement
· How to lead evidence
· Cross-examination
· Re-examination
· Closing statement
· Aggravating factors
· Appeal
· Documentation to issue to dismissed employees
INCAPACITY: POOR WORK PERFORMANCE & ILL HEALTH
· Procedure
· Monitoring poor performance and health
· Duties of employer
DESERTION
INTOXICATION

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