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Labour Law

Craig Jessop

Craig Jessop

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Since 1995 Craig has specialized in Labour Law and is the Head of the Labour Law Department at Brown Braude & Vlok Inc.
Over the last 18 years Craig has secured extensive expertise in the application of Labour Law, both in the Public and Private Sector.

In relation to the Private Sector he has represented various companies, Corporate entities, Institutions and numerous individuals.

In relation to Companies, Corporate Entities and Institutions, he provides the following specialised services:

  1. Wage negotiations;
  2. Dispute resolution;
  3. Retrenchments processed in accordance with the Labour Relations Act;
  4. Investigation into allegations of misconduct;
  5. Processing of Disciplinary Enquiries against employees;
  6. Prosecuting the allegations of misconduct in appropriate circumstances;
  7. Presiding over Disciplinary Enquiries;
  8. Presiding over Internal Appeals;
  9. Presiding over Internal Grievance Procedures where appropriate;
  10. Representation at Arbitration in relation to unfair dismissal disputes in appropriate circumstances;
  11. Representation at Arbitration in relation to unfair labour practice disputes;
  12. Representation at the Labour Court in relation to urgent applications, reviews and disputes referred to the Labour Court by employees;
  13. Representations at the Labour Appeal Court;
  14. In-house training on the provisions of the Labour Relations Act, the Basic Conditions of Employment Act and any Legislation and/or Policies particular to the industry;
  15. In-house training in relation to liability awareness of Senior Managers relative to their obligations in terms of the Occupational Health and Safety Act and the Regulations;
  16. In-house training in relation to the roles and responsibilities of Section 16 (1) appointees, Section 16 (2) appointees, safety officers, Chairman of Health and Safety Committees, Committee members and Health and Safety Representatives;
  17. In-house training in relation to liability awareness of general workers relative to their obligations in terms of the Occupational Health and Safety Act and the regulations;
  18. The drafting of mandatory/Section 37 Agreements between the companies and suppliers;
  19. Drafting of Risk Management Plans, strategies and protocol in relation to the control of sub-contractors and independent contractors in relation to the provisions of the Occupational Health and Safety Act;
  20. The Review and Drafting of Contracts of Employment;
  21. The provision of advice in relation to the enforceability of restraints;

In relation to the Public Sector, Craig has extensive experience in representing Senior Public Service Officials in relation to their disputes against various State Institutions and State Departments.  In this regard and over the last 15 years, Craig has represented select Unions in the Public Sector, including the Public Servants Association in relation to their disputes with Government and their member’s disputes with Government. This has entailed representations at Disciplinary Enquiry level in those circumstances where the State has apppointed Shared Legal Services, the State Attorneys, Counsel and/or private Attorneys to prosecute disciplinary enquiries against Senior State Officials.  In this regard he has litigated against the Department of Education, the Department of Health, the National Prosecuting Authority, the Eastern Cape Legislature, the Department of Correctional Services, the South African Defence Force, Water Affairs, Transport, SASSA, SAPS and the Department of Justice and Constitutional Development.  He has also represented the Senior Public Servants at Arbitration in relation to unfair labour practices and unfair dismissal disputes, at the Labour Court in relation to urgent applications, Review Applications and Applications to declare Awards and Settlements  Orders of the Labour Court. He has represented the interests of Senior Servants in relation to victimization and discrimination disputes.

In processing the aforementioned disputes, Craig has obtained expertise in the provisions of the Public Finance Management Act, Supply Chain Management Regulations, certain Treasury Regulations, Protected Disclosure Act and the Equality Act.

He has represented officials from a past Secretary to the Eastern Cape Legislature, Heads of Department, Chief Financial Officers, Chief Directors, General Managers, Programme Managers, Prosecutors, Professional Staff in the employ of the Department of Justice and Constitutional Development and Administrative Personnel.

In addition to the above, Craig has a passion for sharing knowledge and in terms thereof has been invited as a Guest Speaker at various Seminars in Johannesburg, Cape Town, Durban and Port Elizabeth where he has addressed and touched on topics that include the following:

  1. Liability Awareness of Senior Officials in relation to the provisions of the Occupational Health and Safety Act and the Regulations in terms thereof;
  2. Aids in the Workplace;
  3. The emergence of class actions given the provisions of the Occupational Health and Safety Act, current environmental prescripts, emerging environmental prescripts and the Constitution;

Craig furthermore presents a particular segment on Social Legislation to the students participating in their Masters Degree in Labour Law, at the request of Professor van der Walt of the Nelson Mandela Metropolitan University.

Craig provides representation in the following Dispute Resolution Fora:

  1. Commission for Conciliation, Mediation and Arbitration (the CCMA);
  2. The MEIBC;
  3. MIBCO;
  4. The Road Traffic Freight Bargaining Council;
  5. Security Industries Board;
  6. Private Arbitrations;
  7. The GPSSBC;
  8. The SSSBC;
  9. The PSCBC;
  10. The ELRC;
  11. Public Health and Social Development Sectoral Bargaining Council;

Family Law

BBV offers a comprehensive list of Family Law services which range from advice on Ante Nuptial Contracts and issues arising during the marriage to divorce and ancillary matters such as custody and access.

Our team of professionals guide and assist in protecting an individual’s rights in personal relationships. Family Law is an area of law which is dynamic therefore we constantly keep abreast of new developments.

Our services include:

ADOPTION
CHILD SUPPORT
CUSTODY
DIVORCE - DIVISION OF ASSETS AND LIABILITIES
DOMESTIC PARTNERSHIP AGREEMENTS
PATERNITY
PROTECTION FROM ABUSE
SPOUSAL SUPPORT
TERMINATION OF PARENTAL RIGHTS


This Department is headed up by Johan Vlok who is assisted by Nico De Villiers.

Jacobus Johannes Vlok (Johan) Nico De Villiers

Jacobus Johannes

Vlok(Johan)

Nico De Villiers

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Insurance

INSURANCE CLAIMS AND DISPUTES
This Department is headed up by Nico De Villiers and Craig Jessop.

Nico De Villiers  Craig Jessop
Nico De Villiers Craig Jessop
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Collections

BBV acknowledges the needs of modern society & recognises the importance of technology. Specifically in the field of Collections the firm subscribes to Lexpro, an Attorney’s software programme.

Lexpro simplifies and speeds up certain administrative procedures enabling us to provide efficient service to clients.

Our collection services include:

COLLECTION OF DEBTS
EMOLUMENTS ATTACHMENT ORDERS
FACILITATING AND OVERSEEING MONTHLY PAYMENTS BY DEBTORS
OBTAINING JUDGEMENTS
SALES IN EXECUTION
WARRANTS OF EXECUTION


This Department is headed up by Joelene Brown.

Joelene Brown

Joelene Brown
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Sequestration & Liquidation

Is your company experiencing financial difficulties? We can advise you on the best course of action in dealing with creditors that are hounding you for payment.
Are you over indebted and cannot make payment of your monthly expenses with the income you are currently earning?
We suggest you consider either liquidating your company or sequestrating your personal estate.


Definitions


Liquidations:
The liquidation of a Company / Close Corporation is a legal process whereby the Company and its affairs are placed under the control of a liquidator who must realize the assets and divide the assets amongst creditors according to the stipulations in the Companies Act. The main aim of liquidation is to divide the yield from the sale of assets amongst creditors fairly and to dissolve the Company in an orderly manner.


Sequestration:
Sequestration is a legal process by which an individual is declared insolvent by an Order in the High Court in terms whereof certain of your assets are handed over to a trustee, after which a Trustee (appointed by the Master of the High court) must according to the rules of the Insolvency Act, sell your assets. The proceeds of the sale of your assets are divided amongst creditors in a manner which is prescribed in the Insolvency Act.


Requirements for insolvency:

  • Your liabilities must exceed your assets.
  • In the instance that it is a sequestration of an individual or a trust, the sequestration must be to the advantage of your creditors. This is however not a requirement for a company or close corporation.
  • There must be sufficient assets to pay the costs of the sequestration of liquidation application

There are two forms of sequestrations / liquidations:


Voluntary Sequestration / Voluntary Liquidation

This is where an individual or the trustees of a trust applies to court for the sequestration for his own estate or in the directors or members of a company or close corporation applies for the liquidation of the company or close corporation.

Who brings the application in the following instances for a voluntary surrender?

    1. Estate of natural person: the debtor or his agent.
    2. Partnership: all the partners resident in South Africa or their agent.
    3. Estate of a deceased debtor: the executor of the estate
    4. Joint estate of spouse married in community of property: both spouses.
    5. Estate of person unable to manage in community of property: both spouses.
    6. Estate of person unable to manage his own affairs: curator bonis.

Compulsory Sequestration / Liquidation

This is where a creditor applies to court for the sequestration of his debtor's estate or for the liquidation of a company or close corporations.


Rehabilitation

The rehabilitation of an insolvent puts an end to the sequestration and relieves the insolvent of every disability resulting from the sequestration. It also discharges all the debts of the insolvent, which were due, or the cause of which had arisen, before the sequestration.

Subject to complying with certain requirements, an insolvent can be rehabilitated. Rehabilitation however occurs automatically upon the expiry of ten years from the date of sequestration.
In other instances an application to the High Court is needed. There are various factors that the court would consider before granting a rehabilitation order. Generally this can happen four years after the date upon which the insolvent's estate was sequestrated. In certain circumstances this can happen sooner.

Commercial Law

It's worthwhile building a relationship with a Commercial Lawyer, as it can help you keep on track and improve the efficiency of your business at the same time. It is of utmost importance to consult a Commercial Lawyer before embarking on any business decision that could have legal ramifications.

These decisions could include setting up or varying the terms of a business structure, checking for compliance with municipal regulations, negotiating loans to fund expansion, obtaining trade marks or patents, preparing purchase and sale agreements, tax planning, drawing up or revising pension plans, reviewing business forms, negotiating and drawing documents to buy or sell other companies or real estate, reviewing employee contracting, exporting or selling products beyond our borders and collecting bad debts.

Our Attorneys have valuable and substantial experience in advising parties to commercial transactions and contracts. BBV provides advice to protect and maximise rights thereby getting the best possible business deal for clients.

Our experience includes:

CREDIT AGREEMENTS
DEEDS OF SALE FOR BUSINESS
DEEDS OF SALE FOR PROPERTY
DRAFTING SHAREHOLDERS AGREEMENTS
JOINT VENTURE AGREEMENTS
LEASE AGREEMENTS
PURCHASE AND SALE AGREEMENTS
SERVICE LEVEL AGREEMENTS
TRANSFER OF INTERESTS IN CLOSE CORPORATIONS
TRANSFER OF SHARES IN COMPANIES


This Department is headed up by Nico De Villiers who is assisted by Craig Jessop.

Nico De Villiers Craig Jessop
Nico De Villiers Craig Jessop
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