Practice Areas
Are you an Employer or Employee in need of legal assistance?
With a focus on providing a personalised professional service, Tricker Inc ensures that client’s legal requirements are met and their interests are protected.
Our understanding of the business framework enables us to be flexible and tailor our legal services to meet the specific needs of each client. Tricker Inc is dedicated to delivering exceptional results while keeping costs reasonable. By choosing Tricker Inc, clients can have confidence that their labour law and human resource management concerns will be handled by experienced professionals who prioritize their clients’ needs and deliver effective solutions.
01.
Advising
Advising Employers/Employees on various aspects of Labour Law including but not limited to rights in terms of the Basic Conditions of Employment Act, the Employment Equity Act, the retrenchment process, disciplinary procedures, dismissals and strike procedures.
Based on this analysis, we offer clear and practical guidance on the client’s rights, obligations, and available courses of action. We aim to help the client navigate labour law complexities, minimise risks, and achieve their desired outcomes. By providing tailored legal advice, we empower our client’s to make informed decisions and take appropriate steps to address their labour law-related challenges.
Clients include MTsport, Blueprint (Pty) Ltd Agency, Pitso Mosimane Soccer Schools, TMTJ Consulting.
02.
Bargaining Council
We provide valuable guidance and support throughout the proceedings. We assist our clients in understanding the purpose, procedures, and requirements of the Bargaining Council process. Our goal is to protect the client’s rights, achieve a fair resolution, and navigate the complexities of the Bargaining Council process effectively.
We have extensive experience in representing the National Bargaining Council for the Road Freight Industry.
This includes appearances at arbitration proceedings, Labour Court appearances and assisting in various applications including Rescissions, Condonations and reviews.
03.
CCMA
We can assist and represent clients at the South African Commission for Conciliation, Mediation, and Arbitration (CCMA). and can guide clients through the CCMA process, ensuring they understand their rights and obligations.
We help clients prepare and present their case effectively, including gathering evidence, drafting statements, and identifying relevant legal arguments as well as representing them during CCMA proceedings, such as conciliation or arbitration hearings
Additionally, we can provide legal advice on the feasibility of pursuing a claim, assess the strength of the client’s case, and explore potential settlement options.
04.
Disciplinary Procedures
We can provide essential assistance to both employers and employees during disciplinary procedures. For employers, we can offer guidance in conducting fair and legally compliant disciplinary processes, ensuring adherence to labour laws and regulations. We can also investigate allegations, gather evidence, and ensure the proper implementation of disciplinary policies and procedures as well as advise on the appropriate disciplinary actions to take, such as issuing warnings or initiating dismissals, while minimising the risk of legal repercussions. Similarly, we can support employees by offering advice on their rights during disciplinary proceedings, reviewing the fairness of the process, and helping them prepare a strong defence.
Conducting, Chairing of Disciplinary Enquiries for various companies including Mediacom, Mineshare, the National Bargaining Council for the Road Freight and Logistics Industry.
05.
Dismissals
We can guide employers through the complex legal requirements and procedures involved in the dismissal process. We can ensure that the dismissal is based on valid grounds, such as poor performance, misconduct, or operational requirements, and that the employer follows fair and procedurally correct steps.
We can also draft legally compliant termination letters and advise on the appropriate notice periods or severance pay. We represent employers in negotiations, alternative dispute resolution methods, or legal proceedings if the employee challenges the dismissal.
We can similarly assist employees in filing a claim with the relevant labor authority or commission, such as the Commission for Conciliation, Mediation, and Arbitration (CCMA), and represent the employee in dispute resolution processes
06.
Labour Court
We can provide valuable assistance to a client at the South African Labour Court by navigating the complex legal framework governing labour disputes. We can provide legal advice, and help develop a strong legal strategy.
We can also represent employers/employees launching of various types of Applications inter alia Condonation, Rescission, postponements jurisdiction; including filing necessary documents, presenting arguments, cross-examining witnesses, and advocating for the client’s rights and interests.
Additionally, we can assist employers/employees to reach settlements or pursue alternative dispute resolution methods.
Representation of client’s including Bidvest Waltons, National Bargaining Council at Labour Court.
07.
Opinions
We draft legal Opinions Opinions on various matters concerning labour law issues. We follow a structured approach by thoroughly analysing the relevant labour laws and regulations to understand the specific issue at hand.
Next, we review any applicable case precedents and legal interpretations to ensure our opinion aligns with established legal principles.
We then assesses the client’s specific circumstances, including relevant contracts, policies, and employment agreements. Based on this analysis, we provide a clear assessment of the client’s rights, obligations, and potential risks in relation to the labour law matter. The legal opinion would address the client’s specific concerns, offer practical recommendations, and outline potential legal strategies if necessary so as to enable the client to make informed decisions regarding their labour law-related issues.
08.
Retrenchments
We provide advice on Retrenchment Procedures in accordance with the relevant Labour Legislation; For employers, we can help ensure compliance with legal requirements by guiding them through the retrenchment process, including identifying valid reasons for retrenchment, conducting consultations with affected employees and relevant stakeholders, and assessing the fairness of the selection criteria used.
We can assist in drafting retrenchment letters and ensuring proper severance package calculations, as well as advise on potential alternatives to retrenchment, such as redeployment or reskilling programs.
For employees, we can review the fairness of the retrenchment process, assess severance package offers, and advise on their rights and options.
Additionally we can also represent employees in negotiations, dispute resolution procedures, or legal proceedings if the retrenchment is deemed unfair or in violation of labour legislation.
09.
Human Resouce Management
We can help employers develop and implement effective HR policies that align with legal requirements and best practices. In this capacity we can assist in handling employee grievances, disciplinary procedures, and performance management issues, ensuring fair and legally compliant processes.
We can also provide advice on matters such as workplace discrimination, harassment, and employee rights. Drawing and advising on Contracts of Employment, drafting and implementation of Disciplinary and Grievance Procedures and Policies.
Training of staff members specifically relating to the administration of the Labour Law Procedures.
Assisting in the administration of Human Resource functions of various Companies.