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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;