· Registration and deregistration of companies.
· Company searches.
· Applications for liquidation of companies.
· Drafting of Shareholders Agreements and Memorandums of Incorporation.
Labour relations have come a long way since the beginning of our new democratic dispensation.
Numerous legislation have been enacted since the Constitution of the Republic of South Africa 108 of 1996 came into effect in order to advance and protect the labour rights of both employers and employees.
Kilian & Associates Attorneys Incorporated is passionate about this area of the law, as the necessity of small and large enterprises to function efficiently and harmoniously and for employees to enjoy job security and full transparency in respect of their labour rights, are of great concern to many South Africans. We offer clients legal assistance with the following matters:
· Negotiation and drafting of Contracts of Employment. The relationship between employers and employees are progressively being regulated by legislation, specifically the Basic Conditions of Employment Act 75 of 1997 and the Employment Equity Act 55 of 1998. As such, employers can no longer contract freely due to the fact that Contracts of Employment have to adhere to certain minimum standards that are aimed at the promotion of fair labour practices by employers. It is crucial for prospective employers or employees to obtain the services of a qualified legal professional and to know exactly what their rights and obligations are, especially in smaller working environments where the parties are not represented by unions or employers organisations.
· Drafting of Restraint of Trade Agreements.
· Assisting clients with Disciplinary Hearings in terms of the Labour Relations Act 66 of 1995. The said act makes provision for numerous substantive and procedural requirements regarding unfair dismissals, as well as procedural aspects relating to disciplinary hearings, which employers need to take note of. Our attorneys dispose of a comprehensive knowledge of the Labour Relations Act and ancillary legislation.
· Appearances at the CCMA, the Labour Court and the Labour Appeal Court.
LITIGATION INVOLVING VIOLATION OF HUMAN RIGHTS:
The Constitution, and specifically the Bill of Rights, places paramount importance on the protection of a number of fundamental human rights that are afforded to every South African and which are violated daily, such as the right to human dignity, privacy, freedom of expression, adequate housing, etc. This list in not exhaustive as the Bill of Rights has been drafted with a great degree of circumspection. It is therefore important for clients to approach us when they experience any uncertainty as to whether any of their rights have been violated in order to obtain proper legal advice.
We can assist individuals and classes of persons in civil actions for patrimonial and non-patrimonial loss where any of these rights have been violated.
In addition to these matters, we offer a wide variety of services in respect of general litigation and are more than happy to assist with any enquiries in this regard.