Our Labour Lawyer Provides Insights
Labour Lawyer vs HR Manager: Knowing Whom to Turn to When needed
Jacomine Kielblock
Jacomine Kielblock holds a BCom (HRM) Honours, MBA and is the Senior Principal Partner (GP) at LE Consult Group. Jacomine enjoys playing tennis and travelling./
Author: Jacomine Kielblock
Jacomine Kielblock holds a BCom (HRM) Honours, MBA and is the Senior Principal Partner (GP) at LE Consult Group. She has over a decade of experience in Industrial Relations, HR Management, and Business Development, specialising in helping SMEs improve workplace practices and legal compliance. In her free time, Jacomine enjoys playing tennis and travelling, always seeking new experiences to broaden her horizons.
Organisations often face employment-related challenges that can be quite tricky to navigate without a Labour Lawyer or even an HR Manager.
Finding themselves dealing with issues related to employee conflicts, meeting legal requirements and adhering to company policies as well as other business demands.
Two key figures, in addressing these concerns are Human Resource Managers (HR professionals) and labour lawyers. Although both have significant roles, it is crucial to recognise their distinct duties. Knowing when to reach out for their assistance is vital for upholding legal standards and promoting a balanced and equitable work environment.
In the following sections we will explore the distinctions, between HR Managers and labour lawyers while highlighting the importance of complying with legal requirements in South Africa.
Article Content
The Role of an HR Manager
HR Managers are central to an organisation’s workforce management. They are responsible for the day-to-day human resource functions and people practices that would span across a typical employment journey. They make sure that employment practices and procedures are consistently executed in a manner that aligns with the company’s goals and creating a positive, productive workplace.
Key HR Manager responsibilities include:
- Workforce planning
- Recruitment, selection and onboarding of new employees.
- Monitoring and coordinating training and development
- Managing Payroll, benefits and other remuneration structures
- Managing reward and recognition programmes
- Monitoring and promoting adherence to policies and procedures.
- Dispute and grievance resolution
- Implementing diversity, equity and inclusion initiatives
- Supporting employee well-being and wellness programmes
- Maintaining employment records, databases and systems.
Although HR Managers have in-depth knowledge of legislation, their primary focus is on managing internal HR activities and functions that enable a harmonious and productive workplace.
The Role of a Labour Lawyer
A labour lawyer, on the other hand, is a legal expert specialising in labour law and employment-related legal matters. Their expertise lies in interpreting and applying labour legislation.
Key responsibilities of a labour lawyer include:
- Advising on compliance with South African labour laws.
- Representing employers or employees in legal proceedings such as matters held at the CCMA or Labour Court.
- Assisting with collective bargaining and negotiations with trade unions.
- Reviewing and drafting employment contracts, policies, and other legal agreements.
- Providing legal guidance on dismissals, retrenchments, or disciplinary actions.
- Handling cases related to unfair labour practices, discrimination, or harassment.
While HR managers pay attention to internal employment matters, labour lawyers are brought in for their in-depth legal expertise, especially when a situation turns into a legal matter or has the potential to result in litigation.
Two Key Differences between a Labour Lawyer and HR Manager.
Scope of Expertise:
HR managers’ expertise reside in day-to-day management of employment practices. They are considered the custodians of the employee experience before, during and after their employment at a company.
Labour lawyers specialise in the intricacies of labour law. Their expertise allows them to apply case law and legislation to the particular set of circumstances in which an organisation may find itself in. They provide legal advice, represent clients in disputes, and ensure compliance with statutory labour requirements.
Focus:
HR managers focus on administrative and operational functions, maintaining smooth employee relations and promoting a positive workplace culture.
Labour lawyers centre their attention on legal compliance. They provide counsel on legal disputes, represent clients in court or at the CCMA, and ensure company actions align with labour laws.
When should you consult a labour lawyer?
There are situations where consulting a labour lawyer becomes necessary for a business. These often involve legal complexities that go beyond what HR managers can resolve internally and require a certain skill set founded in legal compliance.
Legal advice becomes essential if an employee claims unfair dismissal and refers a matter to the CCMA or Labour Court. The Labour Relations Act (LRA) protects employees from unfair dismissals and outlines reasons which may be considered unfair. A labour lawyer can advise whether the dismissal was lawful and help prepare the company’s case if it proceeds to arbitration or the Labour Court.
The retrenchment process is highly regulated. Even though the process and requirements are set out quite clearly in Section 189 of the LRA, there are intricacies and nuances that necessitates expert guidance. Labour lawyers can guide companies through the consultation process, minimising the risk of claims for unfair retrenchment.
Managing employee relations is one of the top priorities of any organisation. Labour lawyers can guide and help during union negotiations, ensuring that discussions are done in good faith and confirming that agreements comply with the LRA and are legally binding. Their expertise contributes towards effectively managing the relationship with trade unions.
Harassment or discrimination matters are sensitive topics and can expose companies to significant legal risks. The Employment Equity Act (EEA) and Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace outline clear guidelines for identifying and managing these issues. A labour lawyer’s expertise in these types of matters is well worth it as they can advise on most appropriate and legal steps in investigating claims, taking disciplinary actions, and can represent the company if legal action results from the case.
When disputes are referred to the CCMA or Labour Court, a labour lawyer is often needed to represent the company. Labour lawyers are skilled in dispute resolution and help companies comply with the dispute resolution process. It is however important to keep in mind that representation is subject to certain criteria outlined in Rule 25 of the CCMA. For example, legal representation is not allowed during the conciliation phase of a dispute.
When should HR be involved?
Most employment-related issues can be resolved without involving a labour lawyer. HR managers are equipped to handle many day-to-day matters, which can be resolved internally without obtaining legal counsel.
HR Managers are well versed to manage underperformance and assist managers with implementing performance improvement processes, training, and regular counselling. They often assume the role of a coach to assist and guide management on addressing unmet expectations when it comes to employee performance.
HR managers monitor the policy surrounding discipline management and oversee disciplinary procedures for minor misconduct. They make sure that company policies are followed, and corrective actions are implemented before considering dismissal.
HR Managers are equipped to deal with internal grievances. They monitor and advise on the appropriate process and often lead grievance discussions in the early stages of a grievance.
HR managers monitor adherence to, and the relevance of company policies. They make sure that policies are updated in line with South African labour laws while also align with the culture and values of an organisation.
Why Legal Expertise Matters
In South Africa, labour laws are created to protect both employers and employees. Non-compliance with these laws can lead to significant legal and financial consequences, including fines, penalties, or lawsuits. Legislation such as the Labour Relations Act (LRA), Basic Conditions of Employment Act (BCEA), Occupational Health and Safety Act (OHSA) and Employment Equity Act (EEA) set out specific requirements that companies must adhere to including working hours, leave entitlements, safety standards and equitable employment policies.
The recent raids by the Department of Labour (DoL) where more than 2500 compliance audits were conducted for instance, reminds us of importance of complying with labour regulations. More than half of the workplaces inspected failed to meet legal requirements and non-compliant employers were issued with hefty fines.
Financial consequences should not however be the sole reason for compliance. Complying with the basic requirements is simply the right thing to do and significantly impacts a business’ reputation among all its stakeholders, which in turn impacts the business’ growth trajectory.
Therefore, understanding the difference between an HR manager and a labour lawyer is crucial for any business with the priority of effectively complying with South African labour laws. While HR managers play an essential role in day-to-day internal employee relations and policy application, labour lawyers are geared to deal with issues that become more complex and pose potential legal risk.
Having the right expertise in your corner saves you time, money and avoids possible disastrous and long-term consequences for your business.
Why Choose LabourExcel?
LE Consult group has a team of dedicated labour law specialists that are a phone call away when you need to be sure that you are taking the right course of action when it comes to employment-related matters. You have peace of mind that our advice and guidance is grounded in significant experience in dealing with labour law across industries. As a client, you will essentially have access to an entire team of HR and labour law experts.
Safeguard your business and contact us for a free first consultation (terms and conditions apply).
Consider acquiring the services of LabourExcel and our labour law experts.