MTN SA is an Operating Company (Opco) of MTN Group. MTN SA HR is governed by MTN Group’s policies, framework and methodologies. MTN SA has entered a phase in its lifecycle where operational and commercial excellence is critical for success. The urgency for change has become more heightened amidst increased competitive intensity. The Manager: Employment Law & Employee Relations must therefore ensure the successful delivery in context of:

• A complex and highly regulated organised labour market
• An expertise-based multicultural organisation
• A dynamic and evolving field of Telecommunications
• Revolutionary workforce practices which are bringing together global labour markets
• Management of executive and local shareholder expectations across MTN SA
• Achievement of top quartile operating efficiency and effectiveness through scale and common policies and processes
• Dynamic legal and regulatory environment
• Convergence in markets and exploration of non-traditional revenue streams requiring complex interpretation and structuring
• Evolving industry sector constantly presenting new challenges and opportunities to the core businesses rapid horizontal and vertical expansion of MTN SA, in terms of size, products, customers and geographic distribution

Key Deliverables

The Manager: Employment Law & Employee Relations will be accountable to achieve the following objectives:

Role Attributes

• Support the Senior Manager in continually developing a culture of strong collaboration and effective team working
• Support open communication channels across the Human Resources functions and business units
• Encourage knowledge transfer through the implementation of a knowledge transfer plan and enable Labour Law philosophy through the knowledge transfer plan
• Promote a ‘MTN centric’ and ‘partnership approach’ to develop strong relationships with other working groups and ensure adherence to MTN SA and MTN Group governance
• Continually manage a culture of strong collaboration and effective team working – training and mentorship of junior colleagues
• Enable open communication channels with staff and implement change management interventions where necessary in promoting a healthy Employee Relations environment

Governance

Escalations

• Escalate issues within area of responsibility that will result in severe time, scope, productivity, and cost or resource impact
• Provide solutions, within DOA, to escalations that have multiple processes / functions impact on critical path of service deliver

Tactical Meetings

• Manage key risks, issues and dependencies and set mitigation actions
• Participate meetings, ensure relevant cooperation and provide guidance and input in various discussions
• Contribute to implementation of MTN SA wide transformation initiatives and elicit inputs from relevant parties
• Implement adequate risk mitigation and controls within area of responsibility
• Initiate approval process on new initiatives
• Prepare proposals of related initiatives within the sub-stream

Reporting

• Report on a periodic basis to the Senior Manager: Employment Law & Employee Relations relating to progress made within the function and in accordance with the measurement metrics set by the organisation
• Report on ad hoc basis on specific projects, as required

Sub-Stream budgets

• Manage sub-functional budgets in line with the divisional objectives
• Ensure that the costs of operations are reduced, in line with a least cost operating strategy stemming from the business drivers

Labour Law & Employee Relations

• Conduct research and provide opinions and advice regarding all labour law related issues, including transactional and contractual matters including transfer of employment, restructures and retrenchments
• Develop, draft, review, interpret and provide advice on all Employment law related commercial agreements, employment contracts, correspondence and notices
• Manage all employment related superior court matters in which MTN SA is involved, which includes liaising with external counsel and service providers, being involved in negotiations relating to litigious matters, attendance at court proceedings, correspondence with opponents etc.
• Develop and support the development and management of ER policies and procedures for MTN SA
• Liaise with MTN SA HR, Trade Unions, legal team, business and Group HR/ER where required
• Manage relationships with external stakeholders e.g., Attorneys, Trade Unions, service providers, CCMA etc.
• Identify and coordinate the identification of opportunities for improvements to enhance the effectiveness of the employee relations function, practices and administration in MTN SA
• Identify possible solutions and options to reduce impact of involuntary retrenchments and reduce CCMA and Labour Court referrals and internal disciplinary enquiries to the lowest levels within MTN SA
• Ensure terminations, re-deployments and changes to workforce are administered in a fair and effective manner, in compliance with the local regulations and legal requirements
• Coordinate the management of appeals raised by employees in disagreement with the sanctions or decisions issued as an outcome of disciplinary actions, grievances, performance related concerns etc.
• Liaise with Legal and Compensation and Benefits teams to coordinate and finalize retrenchments/termination procedures where applicable
• Support and manage the labour relations collective bargaining framework, processes, policies and procedures such as wage negotiations, dispute management, trade union management, strikes, etc.
• Manage the relevant risks and mitigation actions in minimizing possible unfavourable impact to the company reputation
• Ensure the successful implementation of related processes, policies and guidelines that not only meet legal obligations but to ensure the processes are aligned to MTN Group mandate
• Conduct and advise on ongoing research of changes in legal frameworks and business development. Provide training and awareness on updates relating to labour legislation, thought pieces, jurisprudence and process.
• Conduct training and communicate ER related process policies and guidelines to HR Partners, Operations and line managers
• Advise on ER issues in line with SA law and regulations, company policy and previous precedents set, taking account of relevant business objectives/imperatives and industry best practice, in order to minimize legal risks
• Continually monitor effectiveness and compliance with ER and legislative guidelines
• Implement and provide timely solutions for non-compliance issues
• Support MTN SA to rollout Employee Relations related surveys and benchmarking
• Facilitate and where required chair the disciplinary and incapacity enquiries, grievances, and appeal hearings of a complex nature
• Represent MTN SA in various CCMA matters
• Conduct all ER related processes in a manner that upholds integrity and all other good governance principles
• Provide continuous improvement and innovation feedback of delegated ER activities
• Ensure that ER solutions provided fall within the legislative framework and are Best Practices that enable the creation and sustainability of a highly motivating and harmonious working environment

Administration

• Generate reports relating to ER and labour litigation matters conducted
• Maintain the integrity of files so that all information is present and correct
• Complete file notes with regard to all telephone conversations and other interactions with internal and external stakeholders
• Ensure compliance to respective internal policies, SLAs and with regulatory requirements
• Manage documentation and closure of all cases, proceedings and actions in adherence to company and regulatory policies

Education:

• 4-year Academic Degree (LLB or equivalent / similar qualification preferred)
• Admission as an Attorney
• Post-graduate qualification in Employee Relations / Employment Law advantageous

Experience:

• 5 years’ post admission experience at a reputable law firm of which minimum 3 years’ relevant experience in the employment law and Employee Relations domain, with extensive exposure to labour relations, trade union management, wage negotiations, collective bargaining, restructure processes, commercial transactional employment law etc.
• Employment law experience as in-house counsel in a corporate environment advantageous
• Experience in Telecomms Business will be advantageous

Competencies:

Functional knowledge

• Telecommunication sector knowledge
• SA Labour Legislation (LRA, BCEA, EEA, OHSA, COIDA, Skills Development Act) etc.
• Business Culture and Practices
• HR policies and procedures

Skills

• Strong written and verbal Communication
• Influencing
• Judgment
• Consulting
• System & process implementation
• HR Administration
• Development of strategy
• Financial acumen
• Planning, organizing & control
• Facilitation
• Development of HR policies
• Knowledge of HR systems & metrics
• Analytical thinker
• Problem solver