Posted 2 years ago
SAFETY, HEALTH, ENVIRONMENT AND QUALITY
- Identify and assess level of baseline risk exposures in area of responsibility by considering exposures to business, financial, legal issues, people, equipment, material, environment, processes, etc.
- Consider the level of risk, apply mitigation and implement control measures for residual risk (set objectives, minimum requirements, etc.)
- Manage SHEQ compliance within the Function through effective use of the Toolbox
- Utilise the Information Management System (IMS) to analyse, identify trends, initiate, mitigate, investigate and report SHEQ status
- Advise sites on legal proceedings following incidents or accidents
PEOPLE
Manage the Department:
- Ensure an enabling climate/culture
- Manage labour stability by minimising labour turnover
- Labour complement in line with budget
- Achieve HDSA/Female targets for the Department
- Manage performance against set targets and competencies
- Ensure IDP’s are linked to performance results and implemented as per plan
- Conduct career discussions and implement actions with all identified talent (quarterly)
- Ensure discipline is maintained (absenteeism, lateness, overtime, misconduct, etc.)
- Coach and counsel people to ensure improved performance levels
- Conduct recruitment interviews
CUSTOMERS
- Render the right service first time
- Manage relationships with all relevant stakeholders
- Ensure Customer Satisfaction by providing a Legal service to the business
BUSINESS PROCESSES
Legal Management:
- Manage all day to day legal issues which arise in the business
- Implement and develop relevant company business policies and procedures
- Oversee Corporate Governance to ensure compliance with relevant legislation
- Manage claims brought against and instituted by the company
- Assist with Crisis Management in terms of legal requirements
- Comply with the Promotion and Access to information Act
- Manage external service providers (External Legal Counsel, Consultants, etc.)
- Vet legal research and draft opinions
Legal Agreements:
- Manage significant corporate activity (i.e. Mergers and Acquisitions, Joint Ventures, Disposals)
- Draft and negotiate core business agreements
- Review legal issues pertaining to the business (Health and Safety, Procurement and Joint Ventures)
Financial Legislation:
- Comply with statutory requirements
Audits:
- Liaise with external and internal auditors
- Implement effective internal controls and ensure Corporate Governance
- Companies Act Compliance and Corporate Governance:
- Monitor and control statutory returns to the Registers of Companies
- Submit annual returns and approved financial statements to Register of Companies
- Submit ad hoc returns as required:
- Directors and Officer’s Register
- Consent to short notice of meetings
- Special Resolutions
- Change of Name
- Process annual duty payments to the Registrar for Public and Private companies
- Deregister companies as and when required
Company Shareholders:
- Attend to shareholder matters.
Company Records:
- Manage the storage and withdrawal of records in the central registry
- Prepare Directors resolutions
- Obtain approval of annual financial statements and arrange signature of same
- Prepare members resolutions
- Prepare, draft and issue minutes for company meetings:
- The Board of Directors meetings
- Joint Venture Executive Committee
- Ad hoc Board meetings
- Maintain and control minute books of company.
- Control the safe custody of the Memorandum and Articles of Association and other important documents
- Draft and control signing of “round robin” resolutions
- Maintain register of Directors’ interests
- Control corporate stationary
GROWTH
- Identify opportunities for further development arising from changes in legal practice
SHAREHOLDER VALUE
- Prepare and manage budgets for the Legal Function
WORKPLACE COMPETENCIES
Skills:
- Apply case law and judicial precedents to business related issues
- Assess legal contracts for business
- Comply to legal requirements in business
- Keep informed about current affairs related to one`s own industry
- Contribute to the health, safety and security of the workplace
- Manage Legal records
- Identify and mitigate business risks
Legal Admin:
- Operating computer systems
- Identify and maintain the types of records required in own industry and understand why it is necessary to create evidence and maintain confidentiality
Knowledge:
- Demonstrate an understanding of the South African Legal framework
- Demonstrate an understanding of basic business principles
- Demonstrate knowledge and understanding of the Occupational Health and Safety Act 85 of 1993 (OHSA) (as amended) and the responsibilities of management in terms of the Act
- Demonstrate knowledge and understanding of the Mines Health and Safety Act, (Act 29 of 1996) and its application
- Demonstrate a comprehensive understanding of the business and the environment in which it operates
- Demonstrate a comprehensive understanding of commercial transactions and how they are conducted
- Demonstrate a comprehensive understanding of the practical application of Company Law
- Demonstrate an understanding of litigation and arbitration processes and associated risks
- Demonstrate an understanding of business risks
Requirements
Minimum Qualification and Experience:
- Degree (LLB) or B.Proc.
- Admitted Attorney or Advocate (5 years PQE)
Additional Qualifications:
- Master’s Degree (in relevant field)
- MBA/MBL
- Associate of Chartered Institute of Secretaries (ACIS, FCIS)
I would appreciate an opportunity to work for this company
I believe that I am the perfect and suitable candidate for the above position based on my qualifications and extensive experience in the corporate, manufacturing, regulatory and construction world. It is further based upon the following:
1. As executive director of the ITC, full running on financial and administrative processes. Part of executive management of present employer.
2. Extensive drafting, interpretation and vetting of various types of commercial contracts/agreements, (FIDIC, JBCC, NEC, GCC), which includes various types of MOU’s, JV’s, agency agreements, loan agreements, cession and procurement ;
3. More than 15 year’s experience in the Building, Construction and Engineering industry;
4. Masters degree (LLM) in Administration and labour law;
5. Former Chief Legal Advisor of ECSA and Executive Director of the ITC.
6. Specialised in Employment Law, employment relations/management and IR, drafting of relevant HR policies and see to its implementation;
7. Full HR functions; full advisory to management/supervisors, Training & Development of management/supervisors; manage bi-annual Performance Management;; Management and succession planning of identified employees, Diversity Management & EE; Industrial Relations, effective Union engagement (15+ years experience).
8. Fully qualified in all aspect of Health, Safety and quality, training on all relevant H&S courses, legal compliance audits, legal liability training.
9. Extensive experience in consulting, providing of legal advice, legal opinions, dealing with all litigious matters;
10. Ensuring compliance with relevant legislation and risk management;
11. Ensuring adherence to good corporate governance in terms of King II and King III;
12. Good interpersonal skills, the ability to communicate and interact with all levels of staff and the public, Board members, Directors;
13. Advanced experience in PowerPoint presentations, training of personnel
14. Labour law: Extensive experience in the investigation of disciplinary transgressions, conducting of disciplinary hearings, either as chairperson or as complainant (“prosecutor/initiator”), dealing with grievances and hearings; representing companies at CCMA and MEIBC / NUMSA
15. Excellent verbal, strategic thinking and analytical, problem solving, negotiating mediation skills.
Anthony Faul
083 881 2280
I would like to lodge my application for this position advertised online.
1. If you peruse my CV it would be evident that I have more or less round up comprehensive experience in the legal fratenity.
2. My exposure relates to the following aread of responsibility:
(a) Draftimg of Legislation, main and subordinate, and this is supported by the qualification in legislative drafting.
(b) Editingvand drafting a phlethothora of policies in a variety disciplines, including but not limited to Human Resources Management, and possess a Diplima as well in Human Resources Management, which is in addition to B. PROC & LLB Degrees.
(c) Im duly admitted to practocecas an advocate.
(c) I have had an opportunity to be seconded as the Company Secretary of The Durban KwaZulu-Natal Onversion Bureau.
(d) I have worked on many legal areas of expertise.
(e) I can draft contracts, varrying from commercial contracts, consessionary agreements, lease agreements, implementation proptocols, public and private partnerships agreement and more, including service level agreements.
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