It is extremely difficult to find and choose a labour expert who suits your needs and who knows what he/she is doing due to the following possible reasons
ØThe lay business manager does not always know enough about the law to assess whether the ‘specialist’ truly is a labour law expert.
ØThere are many “so-called labour experts” around. Adverts you see may look impressive but could be exaggerated
ØThe recommendation you get may be from the consultant’s friend!!
ØThe consultant’s fee may be so low that it could cloud your judgement. If this is the case this should immediately ring the alarm bells.
The best you can do is to ensure that the labour expert you choose:
ØHas a tertiary qualification in
·the labour relations or
·human resources field or
·Law
ØHas substantial experience as a labour lawpractitioner i.e.
·He/she has defended successfully companies in similar or other cases
·He/she has got the practical experience to defend your company and not just written articles on how to become successful
ØHas a solid background in corporate industrial relations management
ØHas access to the latest labour statutes and to case law decisions
ØCharges a fee that is not suspiciously low or extremely high but that is affordable in terms of your own budget.
ØIs willing tobe available as soon as you need him and not just decides which problem areas is easy to attend to and then be available.
ØDoes not charge hidden fees when you have an emergency and need him/her.
ØProvides the full spectrum of labour law and industrial relations services including:
vChairing of disciplinary hearings
vRepresentation of employers at CCMA and bargaining councils
vLabour relations consultation, labour litigation and legal advice
vReview and drafting of employment contracts
vRetrenchment, restructuring
vDrafting of outsourcing agreements
vNegotiating and drafting union recognition agreements
vUnion wage negotiations
vStrike assistance
vImplementation of employment equity and assistance thereof.
ØDoes your labour expert know when to say no to a case? i.e.
vDo you actually have a case or is the labour expert here for the “ride”
vDoes your labour expert have the integrity to tell you that you have made a mistake and that you would be paying him unnecessary fees?