Deputy Director: Legal at Quality Council for Trades and Occupations (QCTO)

Job Description: 

• Implement and comply with regulatory and legislative arrangements and reporting requirements.
• Develop, review, and maintain relevant legal policies and procedures.
• Provide legal assistance to QCTO internal stakeholders.
• Manage litigation on behalf of the QCTO.
• Provide oversight of external legal services and monitor progress of work, including legal fees.
• Conduct legal research and furnish legal opinions.
• Provide contract drafting and review services, including Service Level Agreements (SLAs).
• Develop organisational standard contracts and SLA templates.
• Review and vet all QCTO contracts and SLAs.
• Facilitate all contracting processes and amendments at the QCTO.
• Provide general legal advice and counsel internally.
• Provide legal assistance in commercial transactions and negotiations as necessary.
• Assist with budgetary planning for the Legal Services Unit.
• Manage and monitor expenditure for Legal Services against the allocated budget.
• Implement and monitor the Legal Service operational plan.
• Manage performance of direct reports to create a high-performance culture.
• Provide resources to staff to deliver on objectives and meet Legal Services targets.
• Provide labour law advice and represent the QCTO at the CCMA and Labour Court.
• Advise management on process and substantive aspects of disciplinary action.
• Prepare cases, heads of argument, pleadings, and settlement agreements in conjunction with the HR Unit.
• Determine management strategies and options during conciliation, mediation, and arbitration, in consultation with the HR Unit.
• Analyse labour cases (including settlement agreements) to assess practical implications, risks, and liabilities, in consultation with HR. 
• Prepare cases, heads of argument, pleadings, and settlement agreements in consultation with the HR Unit.
• Assist with the analysis, evaluation, and implementation of arbitration and pre-dismissal arbitration awards to determine possible grounds for rescission or review.
• Provide procedural advice for incapacity investigations and advising management on work adaptations and alternative work options.
• Advise management on procedural and substantive aspects of grievance management, as well as the procedural and substantive aspects of disciplinary action for misconduct.
• Assist management in the appointment of chairpersons and initiators for disciplinary enquiries and assist employer’s representatives with investigations.
• Educate management and employees on policies, procedures, collective agreements, and relevant legislation continuously.
• Manage the collective bargaining process in the QCTO.
• Manage, facilitate, and advise on labour relations cases in respect of dispute resolution, grievances, and disciplinary cases within the QCTO.
• Prepare arguments for the CCMA and Labour Court in conjunction with the HR Unit.
• Facilitate end-to-end disciplinary processes in liaison with line management and represent the employer at external tribunals (CCMA or Labour Court) on assigned cases.

Job Requirements

• A recognized bachelor’s degree (LLB) at NQF Level 8.
• A minimum of 8 years collective experience as an admitted Attorney or Advocate of which 4 years must be at supervisory level in commercial law, labour law and litigation. 
• Knowledge and exposure to the public service, QCTO mandates and strategies, the education system and pedagogy, the post-school education framework, and relevant government-wide legislation (e.g., National Qualifications Framework Act, Skills Development Act, and National Skills Development Strategy III).