HR & Labour Law Monthly Retainer

Ongoing HR and employment law support for South African businesses — from drafting a first warning to representing you at the CCMA. One monthly fee. No surprises. Backed by an attorney who is also a registered HR practitioner.

The RFH Inc Difference

Attorney. And HR Practitioner. In One.

Raymond Hauptfleisch is both an admitted attorney and a registered HR practitioner — a combination that is uncommon, and genuinely valuable. Most businesses deal with HR and legal as separate worlds. Raymond bridges them. He understands not just what the law requires, but how it applies on the factory floor, in the boardroom, and at a disciplinary hearing.

This means your retainer isn't just about legal compliance — it's about building a workplace that runs well, handles disputes confidently, and doesn't haemorrhage money at the CCMA.

Enquire About the Retainer

Admitted Attorney — High Court of South Africa

Full legal representation rights. Drafts pleadings, appears in Labour Court, CCMA, and arbitrations. Provides legally binding advice on LRA, BCEA, EEA, and related legislation.

Registered HR Practitioner

Registered with the South African Board for People Practices (SABPP). Designs HR policies, chairs disciplinary hearings, conducts HR audits, and advises on workforce management best practice.

Business Owner Perspective

Raymond has run his own business and understands payroll constraints, staff dynamics, and the operational reality behind every HR decision. Advice is practical, not just textbook-correct.

What the Retainer Covers

The retainer is designed to cover the full spectrum of HR and employment law needs that a growing South African business encounters — from day-to-day advice through to formal proceedings.

Discipline & Dismissal

Counselling & Disciplinary Hearings

  • Informal counselling sessions — the first and often most effective intervention before formal proceedings
  • Drafting notices to attend disciplinary hearings
  • Preparing charges in accordance with your disciplinary code
  • Chairing disciplinary hearings as independent chairperson
  • Employer representation at internal disciplinary hearings
  • Drafting outcome and sanction letters
  • Advising on appropriate sanctions — counselling, warnings through dismissal
CCMA & Labour Court

CCMA Representation

  • Conciliation appearances on behalf of the employer
  • Arbitration representation — unfair dismissal and unfair labour practice
  • Con-arb proceedings
  • Drafting employer responses and statement of case
  • Pre-arbitration preparation and witness preparation
  • Labour Court applications and urgent relief where required
  • Post-award advice and enforcement or review proceedings
Section 189 / 189A LRA

Retrenchments

  • Structuring and managing the Section 189 consultation process
  • Drafting Section 189 notices and consultation letters
  • Selection criteria advice — LIFO, skills-based, and alternatives
  • Calculating and advising on severance packages
  • Facilitating Section 189A large-scale retrenchments
  • CCMA facilitation representation
  • Retrenchment settlement agreements
Employment Contracts

Contracts & Onboarding

  • Drafting and reviewing employment contracts (fixed-term and permanent)
  • Independent contractor vs employee classification advice
  • Non-disclosure and confidentiality clauses
  • Restraint of trade agreements
  • Variable pay and commission structures
  • Section 197 transfer of employment (business transfers)
  • Probationary period management and assessment
Policies & Procedures

HR Policy & Documentation

  • Drafting and reviewing disciplinary codes of conduct
  • HR policies — leave, attendance, remote work, social media, grievance
  • BCEA-compliant payroll and leave administration advice
  • Equity plan support and Employment Equity Act compliance
  • POPIA compliance in the employment context
Performance & Incapacity

Performance Management & Incapacity

  • Designing and implementing performance management frameworks
  • Performance improvement plans (PIPs) — drafting and facilitation
  • Incapacity hearings (ill-health and poor performance)
  • Managing the distinction between misconduct and incapacity
  • Medical incapacity investigations and temporary/permanent ill-health processes
  • Advising on reasonable accommodation obligations
  • Documenting the incapacity process to withstand CCMA scrutiny
Compliance & Audits

Labour Audits & HR Compliance

  • Annual labour audit — assessing compliance with LRA, BCEA, EEA, and OHSA
  • Employment contract audit — identifying non-compliant or outdated contracts
  • HR policy gap analysis — identifying missing or inadequate policies
  • Disciplinary record and CCMA exposure review
  • Department of Labour inspection readiness assessment
  • Written audit report with prioritised remediation recommendations
  • Post-audit implementation support
Day-to-Day Advisory

Ongoing HR & Legal Support

  • Annual advisory hours for employment law and HR queries via WhatsApp or email
  • Advice on BCEA compliance — hours, leave, overtime, deductions
  • Responding to union demands and shop steward queries
  • Grievance procedure management
  • Sick leave abuse investigations
  • Sexual harassment and workplace misconduct investigations

Retainer vs Ad Hoc — The Real Cost

One contested CCMA arbitration typically costs far more than an entire year of retainer fees. The retainer isn't just a convenience — it's sound financial risk management.

Without a Retainer (Ad Hoc)

Unfair dismissal — CCMA arbitration Attorney fees + preparation + arbitration day: R15,000 – R40,000+
CCMA award against employer Up to 12 months' remuneration. On a R25,000/month salary = R300,000 exposure.
Large-scale retrenchment (Section 189A) Legal costs + facilitation + possible Labour Court review: R30,000 – R80,000+
Procedurally unfair dismissal Even a technically justified dismissal costs you if the procedure was wrong. Award: 3–6 months' remuneration.

With the RFH Inc Retainer

Disciplinary hearings managed correctly from the start Charges properly framed, procedure followed, outcome defensible. CCMA risk dramatically reduced.
CCMA conciliation — many matters resolved at this stage Experienced representation at conciliation settles the majority of disputes before arbitration costs are incurred.
Retrenchment process managed end-to-end Correct procedure, documented consultation, defensible selection. Significantly lower litigation risk.
Monthly advisory access prevents problems arising Quick WhatsApp advice before taking action. The cheapest legal advice is the kind you get before making the mistake.

Choose the Right Level of Support

All retainers are governed by a 12-month SLA. Hearing, chairperson, and CCMA allocations are annual — giving you flexibility to draw on them as your business needs arise. Chairperson and CCMA services are capped per tier because each matter can span multiple sessions; the caps protect you and ensure quality over quantity.

Starter

R3,500 per month · ex VAT · 12-month SLA
  • Counselling sessions: up to 8 per year
  • Disciplinary hearings chaired: up to 4 per year
  • CCMA conciliation: up to 2 matters per year
  • CCMA arbitration at preferential rate (additional)
  • Standard employment contract template
  • Up to 4 HR policies per year
  • 8 hrs annual advisory time (WhatsApp/email)
  • BCEA & LRA compliance queries
Get Started

Premium

R11,500 per month · ex VAT · 12-month SLA
  • Counselling sessions: up to 36 per year
  • Disciplinary hearings chaired: up to 15 per year
  • CCMA conciliation: up to 6 matters per year
  • CCMA arbitration: up to 3 matters per year (included)
  • Labour Court applications: up to 2 per year
  • Employment contracts — unlimited drafting & review
  • Up to 12 HR policies per year (full suite)
  • Up to 2 Section 189 retrenchments per year
  • Performance management framework
  • Annual labour audit (full)
  • 28 hrs annual advisory time
  • Priority response — same day for urgent matters
  • Union & collective bargaining support
Get Started

Bespoke

Negotiated fixed monthly fee · agreed upfront
  • Group companies, franchisors & multi-site employers
  • Custom hearing & chairperson allocation
  • Custom CCMA & Labour Court allocation
  • HR policy library build-out (full scope)
  • Section 189 & 189A retrenchments as agreed
  • Employment Equity Act compliance programme
  • Performance management systems
  • Dedicated HR/legal support schedule
  • All services scoped per your workforce complexity
Discuss Your Needs

All retainers are on a 12-month SLA. Allocations are annual — unused credits do not carry over. Matters exceeding tier caps are billed at a preferential retainer rate. Excludes Labour Court filing fees, CCMA filing fees, and disbursements. All pricing ex VAT.

Built for South African Employers

South Africa has some of the most complex employment legislation in the world. The LRA, BCEA, EEA, and Skills Development Act create a web of obligations that most employers navigate reactively — only seeking help once something has gone wrong.

The HR & Labour Retainer is designed for employers who want to move from reactive crisis management to proactive, compliant, and confident people management. If you have staff and face any of the following, this retainer is for you:

  • You have dismissed or are considering dismissing an employee
  • You've received a CCMA referral and aren't sure how to respond
  • You need to retrench but are unsure of the correct procedure
  • Your employment contracts and disciplinary code are outdated
  • You rely on contractors but aren't sure if they're properly classified
  • You're growing your headcount and need HR structures in place
  • You've had CCMA awards against you and want to prevent future exposure
Book a Consultation — R750
Quick Reference

Key Employment Legislation

Every South African employer is bound by these Acts — regardless of size.

LRA 66 of 1995
Dismissals, unfair labour practices, strikes, collective bargaining, CCMA jurisdiction and arbitration
BCEA 75 of 1997
Minimum employment conditions — leave, working hours, overtime, deductions, notice periods
EEA 55 of 1998
Anti-discrimination, affirmative action, designated employer obligations, EEA2 & EEA4 reporting
SDA 97 of 1998
Skills levies, workplace skills plans (WSP), annual training reports (ATR), SETA submissions
OHSA 85 of 1993
Employer duty to provide a safe working environment; health and safety representative obligations
POPIA
Employee personal information, HR record-keeping, Information Officer obligations

Raymond advises across all of these — not just the most visible ones.

Frequently Asked Questions

HR support covers the management of people processes — designing policies, conducting hearings, managing performance, and advising on best practice. Legal representation involves acting as your attorney at formal proceedings — CCMA conciliation, arbitration, and Labour Court. Most practitioners offer one or the other. Raymond offers both, which means your HR process and your legal defence strategy are designed by the same person, with consistency across the entire matter.

Yes. We regularly assist employers who have received a CCMA referral without having had prior legal involvement. The sooner you engage us, the better — particularly at the conciliation stage, where many matters are resolved before arbitration. If your matter is already at arbitration stage, contact us immediately. We can take over the matter, review what has happened to date, and prepare the strongest possible case.

Retainer clients are registered as members of a registered employers' organisation. This carries a specific and valuable right under the CCMA Rules that is separate from — and in addition to — the attorney-client relationship.

Rule 25 of the Rules for the Conduct of Proceedings before the CCMA entitles a member of a registered employers' organisation to be represented at CCMA proceedings by an official or representative of that organisation. Critically, this right extends to both conciliation and arbitration — including misconduct and incapacity matters. As a representative of the employers' organisation, Raymond is entitled to appear for you at these proceedings as of right, without requiring the other party's consent (which would ordinarily be required before an attorney may appear at arbitration).

In practical terms this means: your CCMA conciliation, your disciplinary hearings, and your incapacity proceedings are handled by a qualified attorney and registered HR practitioner — appearing in the capacity of your employers' organisation representative — as part of your retainer. The representation right is statutory, it is robust, and it removes the ambiguity that arises when employers attempt to arrange ad hoc legal representation at short notice.

Membership of the employers' organisation is arranged as part of your retainer engagement. There is no separate process or additional fee.

Section 189 of the Labour Relations Act governs individual and small-scale retrenchments. It requires an employer to consult with affected employees, consider alternatives, apply fair selection criteria, and pay the correct severance. The process is strictly procedural — even a commercially justified retrenchment will be found unfair if the procedure is wrong. Section 189A applies to large-scale retrenchments (generally 10 or more employees) and involves compulsory CCMA facilitation. We manage both processes from start to finish, including all required notices and consultation documentation.

Yes. The retainer can be structured to cover a group of related entities or a business operating across multiple sites. This is particularly useful for franchisors, group companies, or holding structures with subsidiary employers. Contact us to discuss a tailored group retainer arrangement.

If you have a single, isolated employment matter — one CCMA case, one dismissal, a single contract query — a once-off R750 consultation followed by ad hoc billing is likely the right approach. The retainer makes financial sense for businesses with recurring HR activity: regular disciplinary matters, a growing workforce, or a history of CCMA appearances. We'll give you an honest recommendation at your initial consultation.

Stop Managing HR Reactively

Book a consultation and we'll assess your current HR exposure, identify your risk areas, and recommend the right level of ongoing support. An attorney who is also a registered HR practitioner — in your corner every month.