INLSA
Alexander Rocher, of the SA Society for Labour Law.
Kamini Padayachee
Durban attorneys who specialise in labour law are participating in a pro bono programme.
The project was established at the Durban Labour Court in November last year by the SA Society for Labour Law and now operates in conjunction with Probono.Org.
Owing to its success, the project has now been made permanent and a pro bono advice office was officially launched in Durban last week. The launch was attended by about 70 attorneys, academics and judges, including the Judge President of the Labour Appeal Court, Judge Dunstan Mlambo.
The programme also operates in Joburg and its pro bono advice office was officially launched in September.
Alexander Rocher, the SA Society for Labour Law steering committee head for the pro bono programme in KwaZulu-Natal, said the advice centre operated every Wednesday at the Durban Labour Court.
“We have 18 firms participating and we have a dedicated room at the court. There is a roster set up and there are usually three attorneys at the centre every Wednesday, which is sufficient to deal with the workload.
“There has been a lot of enthusiasm for the programme by attorneys and due to its success, we will have 30 firms taking part in the programme next year,” he said.
Rocher said the attorneys mostly dealt with enforcement issues and review applications.
“Since November, the centre has consulted with more than 300 people. In some cases, people just need to be pointed in the right direction.
“More than 50 percent of the cases we are dealing with involves dismissed employees who have been awarded an arbitration award such as money or reinstatement by the Commission for Conciliation, Mediation and Arbitration, but the employer refuses to carry it out.
“The other cases involve review applications where employers or the dismissed employee want to challenge an arbitration award.”
He said the attorneys could take on the cases themselves or refer it to Probono.Org, an organisation that facilitates the provision of free legal services.
“It is not only articled clerks who have been sent to man the advice office; senior partners with years of experience have taken up cases, too.
“A means test will be conducted to determine whether a person qualifies for assistance. If the person is already represented by a union, then that person cannot second the advice they are getting and come to us,” said Rocher.
Rocher said Labour Court judges could also refer cases to them.
“When the judge sees that the case is a complex issue, then a case can be referred to us. It is not only about assisting a client, but also about helping the court get to the bottom of the issues.”
He said the advice office was important because pro bono work could soon become compulsory for attorneys.
“The KwaZulu-Natal Law Society has adopted a rule, which is yet to be promulgated, that attorneys must do 24 hours of pro bono work a year. Therefore, this office is the perfect place that attorneys can do this work because there is an organised structure and they do not have to go out looking for it.”
l The advice office operates from 8.30am to 11.30am every Wednesday at the Durban Labour Court. Law firms interested in participating in the programme can contact ProBono.Org director Odette Geldenhuys at Odette@probono.org.za or Alexander Rocher at alex@farrell.co.za
