Employment Benefits

EXPERTISE

EMPLOYMENT & EMPLOYEE BENEFITS

As any employer/employee/organisation may be aware, labour issues that arise are often challenging, damaging and even potentially harmful. The area of Labour Law has, with the promulgation of the new Labour Relations Act, seen some drastic changes. The meaning of an employee, the meaning of unfair labour practice, dismissal as we all know it, the recognition of sexual harassment as grounds for vicarious liability and affirmative action, have all made Labour Law a dynamic area of the law. Judges are constantly interpreting it and landmark decisions are being taken by the Labour Court as well as the Constitutional Court.

Here at Couzyn Hertzog & Horak, the team is well equipped to deal with most aspects of Labour Law with an unrivalled depth of knowledge and expertise in resolving labour issues with the maximum amount of efficiency.

  • Disciplinary Meetings
  • CCMA & Labour Court representation
  • Employment Contracts
  • Employee Benefits
  • Conditions Of employment
  • Restraint of Trade
  • Drafting of workplace policies

AVIATION

We understand the dynamics and legal requirements of satisfying obligations imposed upon our clients by aviation law and their respective regulations. We constantly look for business solutions and legal ways of managing clients risks. We persevere to use our skills and experience to strike a good balance between legal and commercial risk .In respect of aviation law we cover both International Aviation Law and National Aviation Law which amongst other legal issues cover and advise on the following areas:

  • Parliamentary Enactments together with subordinate legislation on Aviation topics
  • Interpretation and application of International conventions having bearing on the South African law

Our team has specialist knowledge and can advise regarding the following:

  • Analysis of International conventions

 BANK & FINANCE

Banking law is a very dynamic and specialised field of law. Banking Law covers many pieces of South African legislation such as Financial Advisory and Investment Services Act, the Financial Intelligence Centre Act, the Prevention of Organized Crime Act, the Bills of Exchange Act, and both National Credit legislation and Exchange Control Regulations. Banking law is so diverse that financial institutions and customers frequently rely on private legal advice from law firms to give them guidance and assist them in various litigious matters. At Couzyn Hertzog & Horak we have a dynamic team possessing specialised knowledge in the following fields (but not limited to):

  • General Banking practices and operations
  • Interpretation and application of International conventions having bearing on the South African law
  • Litigation
  • Asset finance

BLACK ECONOMIC EMPOWERMENT

Black Economic Empowerment (BEE) has become the order of the day in the South African economic arena and in business as a whole. Due to political and legal obligations, it is vital for any company striving for business success, to implement BEE policies in line with the progressive government Broad Based Black Economic Empowerment Act, to achieve the desired results. As this part of the law is very technical and is usually seen as window dressing, many businesses find it adequate to seek legal advice from legal experts to deal with and get sound advice on how to practically implement BEE in their organisations.

We at Couzyn Hertzog & Horak have a team of specialists that can provide you with the advice, assistance and the reassurances that you require in order to be BEE compliant in every sense of the word. We cover the following specific areas relating to the implementation and successful execution of BEE policies:

  • BEE strategy and policy compliance
  • Structuring BEE Transactions
  • Compliance with Charters, Scorecards and enterprise definitions
  • BEE Mergers and Acquisitions
  • Compliance with skills development and employment legislation

Practitioners in this Area:

  • Ferdie Trüter
  • Horace Kotsokoane

COMMERCIAL LAW

Our Commercial Law Department is geared to provide legal advice going beyond conventional corporate and commercial issues with innovative legal resolutions.

We provide effective solutions for scenarios involving commercial contracts, personal and corporate tax, franchising, intellectual property, secured transactions, corporate finance and banking, real estate and leasing, international trade, mergers and acquisitions as well as securities law.

The team will be able to assist and advise the client on a wide range of topics as well as ensuring the efficient functioning of all related transactions.

Field of expertise:

  • Commercial Litigation
  • Commercial Contracts
  • Corporate Negotiations
  • Corporate tax
  • Franchising
  • Intellectual property
  • International trade
  • Structuring of Mergers and Acquisitions

COMPETITION LAW

The Competition team at Couzyn Hertzog and Horak possess a wide range of expertise in Competition Law and in all Competition related matters. Since the promulgation of the new Competition Act, which is being amended from time to time, many ground breaking decisions have been made by both the Competition Tribunal and the Competition Commission and our specially equipped team will give you sound advice on how to structure deals between companies that will be above board and will not constitute transgressions in terms of the Competition Act.. The team is involved in many of the aspects of competition and is very well equipped to give advice on and assist in the following:

  • Dealing with or initiating complaints
  • Representation at the Competition Tribunal and the Competition Commission
  • Advice regarding compliance with the Competition Act
  • Obtaining advisory opinions from the Competition commission
  • Advice regarding prohibited horizontal practices
  • Advice regarding prohibited vertical horizontal practices
  • International trade
  • Interim relief applications

CONSTITUTIONAL LAW

Constitutional Law is generally known as that body of the Law regulating relationships between Organs of State and Government as well as regulating relationships between individuals and the State. However constitutional law is more than just a body of law regulating relationships between the State and its subjects but also deals with political issues, gender matters, discrimination, criminal procedural law issues, administrative law as well as environmental law.

Since it is a body of Law that has been drastically changed and developed with the coming in of the new Constitution and the Constitutional Court it is an area that requires special attention and insight as disputes involving constitutional matters sometimes result in the law being changed or parliament being judicially instructed to make legislative amendments in areas were it is clear that there are legal gaps that need immediate redress. We at Couzyn Hertzog & Horak have a team that can assist and give advice on the following topics:

following topics:

  • All aspects of the Constitution
  • Impact of the Constitution on traditional areas of practice
  • Bill of Rights and Fundamental Rights
  • Affirmative Action, Discrimination and Empowerment
  • Land expropriation

CONSTRUCTION & ENGINEERING

A number of Directors at Couzyn Hertzog and Horak have experience in certain legal aspects concerning construction and engineering. The team can advise and assist in the dispute resolution process including, arbitration, mediation, drafting and enforcing of construction and engineering contracts as well as litigation.

Our field of expertise include the following:

  • Arbitration
  • Dispute Resolution
  • Drafting and Enforcement of Construction and Engineering contracts
  • Litigation
  • Urgent applications
  • Statutory compliance

CRIMINAL LAW

Our Criminal Law department has extensive experience in criminal law matters. We also provide assistance with urgent bail and after-hours bail applications. We tackle criminal prosecutions with in-depth analyses of the charges against our clients and consider constitutional law aspects where applicable. We handle criminal matters ranging from petty crimes of theft and assault to more capital crimes such as murder and robbery.

Field of expertise:

  • Bail Applications
  • Criminal Trials
  • Diversion
  • Parole Applications
  • Child Justice Act

ESTATES & TRUSTS

In this field our team is particularly well equipped with the Administration of estates and all related aspects thereof. Our team can advise you on the effect of Testate and Intestate succession and effective ways in which to protect your hard earned assets for generations to come. The team can further assist in the drafting of wills and the creation of inter vivo trusts.

Field of expertise:

  • Administration of deceased estates
  • Drafting and interpretation of Wills
  • Creation of Inter Vivos Trusts
  • Estate planning
  • Dispute resolution amongst heirs
  • High Court Applications: Rectification, Condonation & Invalidating of Wills

FAMILY LAW

The team at Couzyn Hertzog & Horak has unrivalled experience and expertise on a vast range of aspects of the Family Law including amongst others, divorce proceedings, settlements and maintenance. The law regarding adoption of children to same sex couples and foreigners, custody of children as well as the recognition of Customary marriages has changed drastically.

Family law has also evolved taken cognisance of the existence of Muslim marriages and has notwithstanding their non-recognition given effect to some of their consequences making this an exciting body of the law.

Fields of expertise:

  • Family Law and all related aspects thereto
  • Ante & Post Nuptial Agreements
  • Divorce & Maintenance matters
  • Matters relating to parental rights and responsibilities
  • Matters relating to children’s rights

INSOLVENCY LAW

We specialise in Insolvency Law and all matters incidental to and related to insolvency. We seek to protect the best interests of our clients and strive to obtain optimal returns for creditors. We strive to negotiate the most favourable returns and, in the process, minimising loss.

Fields of expertise:

  • Liquidations
  • Sequestrations
  • Rehabilitations
  • Negotiating offers of compromise
  • Restructuring of companies
  • Business Rescue

INSURANCE LAW

Our team boasts major Insurance institutions as well as individuals as clients and can assist and advise them on all matters relating to long and short term insurance. We can also assist with referrals to the Ombudsman as well as representation in Litigation or Arbitration proceedings.

The team will be able to expertly advise clients on all insurance related topics including:

  • Litigation
  • Advice on policy documents
  • Insurance claims and disputes

LITIGATION

At Couzyn Hertzog & Horak we have a well established team of professionals who have unrivalled experience in all matters and aspects of litigation in the Magistrates Court , High Court , Supreme Court of Appeal and Constitutional Court. We also have experience in other forums such as the CCMA, Bargaining Councils, Domain Disputes, Public Protector and PFA. Our team of litigators boast some of the most respected and revered lawyers in the country and will most certainly be able to assist and represent their clients in a wide range of matters.

Field of Expertise:

  • Aviation
  • Banking and Finance
  • Constitutional Law
  • Competition
  • Construction and Engineering
  • Debt Recovery
  • Employment and Employee benefits
  • Family Law
  • Franchising
  • Insolvency Law
  • Insurance claims

MINING LAW

The team at Couzyn Hertzog & Horak can provide its clients with expert advice and services regarding most of the commercial and litigation matters arising from the industry. We also advise on the content, validity and transferability of mineral rights which advice includes, but is not limited to, advice on the most efficient way in which mineral right transactions should be structured to protect the mineral rights holder.

Our team has specialised knowledge regarding both prospecting and mining.

Field of Expertise:

  • Drafting Agreements
  • Providing advice and legal opinions
  • Statutory Interpretations
  • Acquisitions of land

PROPERTY & CONVEYANCING

Our conveyancing department at Couzyn Hertzog and Horak can assist with all aspects relating to Property Law. The department can provide assistance to any type of client, private or corporate.

Our department ensures efficiency in all conveyancing and related matters.

Field of Expertise:

  • Acquisitions and disposals
  • Conveyancing and Deed Registrations
  • Housing Schemes, Share-block Schemes and time-share Schemes
  • Township Developments
  • Residential and commercial property transactions
  • Mortgage bonds

TAX LAW

The team at Couzyn Hertzog & Horak can advise its clients on all matters relating to tax legislation.

Field of Expertise:

  • Objections and Appeals
  • Review of Tax structures
  • Legal advice and opinions

DEBT

Outstanding debt is a reality by which each business person is, at some time or another, confronted and it is also the bother of most organisations. The National Credit Act has resulted in drastic changes to previous standing credit practices which in turn imposed far reaching rights and obligations on credit providers and credit consumers alike.

Our team of highly skilled professionals can assist its clients with the quick and efficient recovery of outstanding debts under the new legislation. The team can further provide its clients with advice on suitable and practical debt recovery strategies for any type of organisation as well as expert advice on Credit Agreements, Credit Policies or any other matter relating to the new Credit Legislation.

Field of expertise:

  • Commercial Recoveries
  • Credit Compliancy
  • Private Recoveries
  • Restructuring of Credit agreements and Credit policies
  • Registration of Credit Providers with the National Credit Regulator