Labour Law and Industrial Relations
Corporate
Horn Attorneys is a dynamic and successful Labour Relations / Industrial Relations / Employee Relations law firm. Our vision is to understand your business and in doing so, we form a partnership with yourself in striving for a healthy and competitive working environment. We understand that as an employer your duty is to manage human recourses
to, effectively work together to one ultimate goal. Hand in hand with managing human recourses comes risk management, motivation and discipline. It is, therefore, our duty to ensure that you comply with Labour Legislation, including the Labour Relations Act (the “LRA”), the Basic Conditions of Employment Act (the “BCEA”), The Employment Equity Act, etc and your own internal policies and procedures. As a partner we ensure that you spend as little time and money as possible in managing your staff and run as low a risk as possible should you be summoned to, for example, the CCMA and/or the Labour Court. Quentin Horn have successfully initiated and defended actions on behalf of our clients, which includes various corporate and individual clients. We offer the following: Dismissal, Retrenchment / Restructuring, Fair Labour Practises, CCMA, Bargaining Councils, Labour Court, Litigation, Drafting of Contracts of Employment, Restraint of Trade, Disciplinary Hearings, Negotiations, HR and/or IR Policies, Training, Union Negotiations. Individual
We offer the following: Assistance and advice in disciplinary hearings (misconduct / poor work performance), constructive dismissal, retrenchment / restructuring, grievances, changes to terms and conditions of employment, CCMA, Labour Court etc. We also assist in the recovering of outstanding contractual and/or statutory monies.
2. Antenuptual Contracts / Marriage Contracts
Getting married is probably the most exciting but also stressful times and one’s life. Don’t forget about the all important Anteneptual Contract. What follows are the different types of Antenuptual Contracts. IN COMMUNITY OF PROPERTY
This is the most common type of way in which people get married. If you do not enter into an Antenuptual Contract prior to concluding your marriage, you will be married in community of property. This means that everything that you and your spouse owns will be jointly in one estate, owned in equal share by both spouses. This includes both your assets and liabilities. OUT OF COMMUNITY OF PROPERTY
This system requires the registration of an Antenuptual Agreement. Prior to getting married, each of the spouses has separate estates. Registering an Antenuptual Agreement makes provision for the exclusion of Community of Property and the exclusion of Profit and Loss and will result in the separate estates of both spouses being maintained. The result is that the estates of both spouses are permanently separated. In the event of either spouse being declared insolvent, the other spouse will be protected. Also in the case of either spouse passing away, the other spouse’s estate will continue to function independently. This will also entail that the spouses do not share equally in the growth of each other’s estates. This could have a negative effect on the estate of the spouse more inclined to running the household and raising the kids. This is the more beneficial way to get married should one decide to, one day, be an entrepreneur or business owner, together with the system mentioned hereunder. OUT OF COMMUNITY OF PROPERTY INCLUDING THE ACCRUAL SYSTEM
This is a hybrid system introduced in 1984. While the marriage subsists, the parties are married out of Community of Property and each retains full control of their own estates. In the event of either spouse being declared insolvent, the other spouse will retain its solvency. The parties are completely independent. Should either spouse pass away, the other will still be able to function with his/her own estate. This system differs in that while each spouse’s estate is separate from the other during the marriage, the spouses share equally in the growth of the capacity of the estates at the dissolution of the marriage. CAN WE CHANGE OUR SYSTEM AFTER THE MARRIAGE
Yes, in terms of section 21 of the Matrimonial Property Act, one can change or alter the marriage system. This could be a costly and lengthy exercise as one must file an application with the High Court who still has a discretion whether to allow such a change or not.
3. General Litigation
Magistrates Court and High Court
4. Commercial Law
Contracts and agreements, Legislation compliance, Mediation and Facilitation, Restructuring, Companies Act
5. Road Accident / Third Party Compensation
We assist in recovering compensation and damages from the Road Accident Fund in the event of injury or loss because of a road accident.
