Senior Manager II: Senior Counsel Labour & Employment at Massmart

Summary:

•  The successful candidate will provide support to the Assistant General Counsel and VP Group Employee Relations and Employment Law by providing integrated employment law and/or labour solutions and services as a COE and shared service to the Massmart Retail/Wholesale Division and Legal Department; by providing advice and thought leadership to key business stakeholders relating to employment and ER legal risks and matters; to manage employment / labour related disputes and litigation (managing external counsel where applicable); lead team of Massmart Retail/Wholesale Division employment specialists and Employment Law Specialists; assist in formulation and tactical implementation of Group Employment, Labour and Industrial Relations Legal strategy within the Massmart Retail/Wholesale Division.

Responsibilities:

• Support Massmart Divisional business objectives
• Provide labour & employment legal support to divisional area
• Serve as trusted business advisor to senior leadership within divisional area
• Support business partners and key stakeholders to achieve strategic transactional and operational needs by providing integrated and high quality thought leadership within the Employment, Labour and Employee Relations space
• Timeous reporting and update to AGC and VP: ER on ongoing ER matters
• Prepare and communicate monthly litigation report (including costs/fee analysis in accordance with budget)
• Provide efficient shared Employee Relations and Employment Law services to Division
• Contribute to the development and implementation of Group employment, Labour and ER litigation strategy and administration process
• Identify and implement ways to cost effectively reduce ER legal and commercial risk through collaboration, engagement and innovative thinking
• Serve as Divisional (and where required Group) primary point of contact for employment law; labour and ER matters, including leading the management of external counsel, employment litigation matters, lead review and management of CCMA, Labour Court, Labour Appeal Court and Constitutional Court matters; Develop and build effective collaborative relationships with key divisional stakeholders in order to effectively manage ER litigation. Represent the Division in respect to high risk CCMA litigation.
• Ensure Divisional (and where appropriate Group) business leaders, People Team, ER Teams and compliance subject matter experts are kept abreast of changing employment & labour legislation.
• Provide labour, employment and ER legal advice to Divisions to reduce legal and commercial risk, including where appropriate the drafting of all employment related legal artefacts, employment contracts, agreements, opinions, drafting and reviewing employment-related agreements, policies, separation agreements, collective agreements, charge sheets and advising on optimal People structures and project management of Group and/or Divisional Legal employment, labour and ER related projects including organisational restructures.
• Advising on all aspects of collective labour law - industrial action, strike management protocols, collective agreements, collective bargaining and organizational rights disputes.
• Strategic trade union management
• Contribute to the development of Group and Divisional Trade Union Strategy
• Proactively track and report on all Divisional Trade Union activities, disputes and status within the workplace
• Liaise and consult with the appropriate Trade Union/s in line with the Trade Union relationship management framework
• Manage Divisional Trade Union engagements – collective bargaining, organizational rights and disputes
• Management of Divisional ER Specialist team and Legal Counsel
• Manage and lead Divisional ER Specialist team and ER Legal Counsel, build capability within team.
• Assist with team coaching, on-going learning and development. Conduct monthly 1:1 discussions, assist and guide ER Specialists / Legal Counsel with regard to professional growth, goal setting and monitoring, and performance management.
• Encourage and facilitate Employment Law learnings and ER collaboration within the Corporate, Retail and Wholesale divisions.
• Oversee and support Legal Counsel and Divisional ER Specialists with projects, work commitments and engagements with key stakeholders and assist with delivery as and when necessary
• Communicate and implement the ER strategy and ensure team buy-in.
• Report back to the team on strategic decisions and other noteworthy feedback
• Identify continuous training opportunities
• Effectively advise the business in ER matters for Africa
• Manage the ER process cross all African Markets including but not limited to:
• Assist with advice on internal and external ER litigation matters.
• Liaise and manage in-country counsel
• Track and manage all litigation matters in country.
• Development, maintenance and management of Employee Relations best practice and Employment Law Compliance
• Maintain and monitor standardised Employee Relations processes and policies.
• Maintain updated business documents of all Employee relations requirements.
• Stay abreast of relevant legislative and environmental changes and ensure relevant compliance.
• Consult and advise the core and broader Stakeholders regarding relevant changes to policies and processes in relation to relevant legislative and labour environmental changes
• Establish and implement training programs to upskill business partners on ER processes.
• Manage compliance in Africa from a labour, external auspices and litigation perspective
• Ensure compliance in all African countries with regard to:
• Wage Negotiation
• Casualization
• Employment contracts
• Drafting & amending contracts
• Statutory compliance pertaining to employment
• Policy
• Reporting (Litigation and External Legal Providers)
• Ensure integrity of Litigation Report
• Report to AGC and VP: ER, EXCO and leadership on ER statistics, risks, litigation within the divisions.
• Report to AGC and VP:ER on litigation matters and key ER issues
• Stakeholder relationship management
• Manage relationships and manage all matters with external service providers (attorneys) including financial costs.
• Manages all negotiations with Unions including Wages and other substantive negotiations.
• Own and manage the union relationship across all countries and unions
• Participates on all consultation forums involving union engagement.
• Inform the development of relevant policies and procedures
• Monitor and evaluate the effectiveness of stakeholders’ policies and procedures as well as the application thereof
• Ensure appropriate up-skilling of the broader People team, line management, shop stewards in terms of Employee Relations (e.g. legislation, CCMA training and best practice)
• Build and maintain relationships with relevant stakeholders in the business and within the broader Massmart Group
• Management of Budget
• Prepare and manage the annual employment litigation spend budget, receive, review and sign off of invoices on a monthly basis and track costs per attorney and per matter
• Monitor costs of external attorneys actively in accordance with cost management protocols
• Implement cost saving and B-BBEE procurement initiatives including utilizing small firms on a more regular basis and agreeing quotes prior to utilizing external counsel in accordance with Massmart PO process

Job Requirements:

• LLB degree, preferably post graduate; Admitted Attorney
• 6 - 10+ years post articles experience in employee relations management in a highly unionized environment, deep litigation experience as a labour and employment attorney; strong drafting skills, particularly in employment contracting areas; working knowledge of legal and regulatory environment applicable to retailers; management experience; detailed knowledge of compliance and regulatory areas, particularly related to South African labour laws; significant experience managing employment-related litigation; experience working in Africa; ability to contribute to development and implementation of strategy