REFUSAL TO CHANGED CONDITIONS: Can an employer dismiss employees for refusing to accept changes in working conditions? Yes – said the labour court in Numsa vs Trident Steel. The company needed to restructure its operations to survive. It redefined job descriptions and its workforce by about 500 mainly through VSP’s in consultation with Numsa. However, […]
Patrick co-founded Tokiso Dispute Settlement (Pty) Ltd in 2000, the largest private dispute resolution agency in the country, where he was full-time CEO for six years. He is a highly skilled and experienced labour negotiator, mediator, arbitrator and facilitator. He is a commercial mediator, coach and assessor, accredited by CEDA (UK). He also serves as Acting Judge of the Labour Court.
He is the co-author of the Labour Relations Handbook, published by Juta, and has been a regular host of the Labour Line on Talk Radio 702. Patrick established Deale Attorneys to focus on the opportunity to improve and build successful South African business relationships, in partnership with business clients.
Deale Attorneys is a specialist labour & commercial mediation firm with offices in Johannesburg and KwaZulu-Natal.
We have significant experience in partnering with clients to resolve legal disputes and comply with legal complexities so they can grow their businesses successfully.
We take a real interest in your business to understand what makes it tick. With small firm operating costs and big firm experience, we can offer our clients a more personal service at reasonable rates.
We advise and represent business owners, employers, state institutions and senior individuals on a wide range of labour law and commercial dispute resolution issues.
We would enjoy partnering with you!
Cell: 083 375 8771
ENQUIRY DELAYS: When does a delay in prosecuting a disciplinary enquiry become unreasonable and unfair? The general rule is that a disciplinary inquiry must be held within a reasonable time from the date on which the alleged misconduct occurred – or from the date from which the employer first became aware of it. The […]
The Commission for Conciliation Mediation and Arbitration (CCMA) has called on the Department of Labour inspectorate to join forces to clamp down on the growing practice of deliberate circumventing of the labour laws. CCMA Legal Researcher: Office of the Director, Wilbur van Niekerk said there was a growing trend used by employers of using every […]
STRIKE FOR STRESS: Why are workers still willing to go on strike when the odds of scoring real financial gains are stacked against them? The annual wage negotiations and “strike season” will unfold again in the next few weeks. It’s generally understood that the main reasons workers go on strike are to secure […]
In short – a lot!! Politics The upcoming elections will turbo charge the levels of populist rhetoric and activity in both public and private workplaces. Competition between the pro-poor and left leaning Saftu versus its former comrades, the ANC aligned and more moderate Cosatu will intensify in the media and public demonstrations. New Labour Political […]
Guests Edward Kieswetter | Group Chief Executive at Alexander Forbes Patrick Deale | Labour Law Expert from Deale Attorneys Click here for full Podcast: http://www.702.co.za/podcasts/180/the-best-of-the-xolani-gwala-show/121893/transnet-ceo-fights-firing
The issue of cannabis in the workplace may have employers wondering what to do about employees who want to exercise their newly acquired rights as adults to – “…use or cultivate or possess cannabis in private for his her personal consumption”. Constitutional Court The Con-Court has declared that it’s perfectly legal to “consume” cannabis – […]
It’s tough to lose a case in arbitration – especially if you were convinced you’d win. You’re convinced the arbitrator got it wrong and you’re thinking about taking it on review to the Labour Court. If you do, you’ll be in for the long haul – about two years, six figure legal costs and no […]
EXCEPTIONS: Labour Court takes strong exception to an Exception The purpose of an Exception is to object to a defect in the opposing party’s pleadings. Typical exceptions are that the statement of claim is “vague and embarrassing” or that it “does not disclose a cause of action”. The main case can’t proceed until the Exception […]
SHOP STEWARD MISCONDUCT – Where do you draw the line between a shop steward’s duties as a union representative and duties as an employee? There’s a built-in conflict between the two roles so it’s often difficult to clearly define exactly where the line lies. As an employee, the shop steward has a duty to submit […]