Divisional General Counsel
JHB, South Africa
11d ago
  • JHB The purpose of this role is serve as the principal legal advisor to Massdiscounters leadership in order to support and protect the business;
  • reduce legal business risk and to ensure all levels compliance, business governance and ethical conduct is met and maintained.

    Main Job Functions

  • Drive a Customer-Centric culture.
  • Execute our values through daily job functions.
  • Manage the business’ legal affairs and risks including but not limited to the following general legal risk areas : litigation, acquisitions, trademark, real estate, commercial, general corporate and employment.
  • Provide legal guidance to divisional operational, compliance, human resource, ethics, risk and merchandise groups including but not limited to the following : South African Companies Act, Competition Law, Consumer Protection Act, Anti-
  • money Laundering laws, South African employment and labour laws, Protection of Personal Information (POPI), and Anti-Corruption laws.

  • Negotiate, draft and review commercial agreements and documents, assist with dispute resolution, conclude TPI agreements and providing general legal guidance and advice;
  • correspond and meet with internal clients and third parties regarding the above.

  • Draft Standard Leases, Addenda & Settlement Agreement s, for SA & Africa (Retail & Commercial).
  • Manage Dispute Resolutions with Managing Agents for Real Estate & Facilities Management issues.
  • Assist with Supplier disputes & insurance claims (contract related) where there is a dispute in contractual obligation.
  • Manage team of legal specialists and paralegals, as the case may be.
  • Manage external counsel when appropriate.
  • Coordinate with Ethics and Human Resources on ethics or HR investigations or any inquiry related thereto.
  • Coordinate with Risk & Compliance as well as Group Compliance Department on any and all compliance initiatives, assessments or programs related thereto.
  • Represent the Company at industry and regulatory meetings.
  • Participate in divisional risk meetings.
  • Advise business and operational areas of legal risk associated with regulatory matters.
  • Guide the business in respect of how to attend to all matters relating to the Consumer Protection Act.
  • Attend to all escalated matters that have been lodged and ensure the business responds to each of these complaints.
  • Attend mediation and conciliation hearings at consumer bodies when receiving a notice to do so and ensure.
  • Monitor all insurance claims and attend to fidelity claims that are raised to ensure that associated investigations and actions taken were at the required level.
  • Encourage compliance with the Eight POPI Conditions for the lawful processing of personal information.
  • Develop and implement privacy policies and procedures.
  • Manage the dispute resolution processes SA and Africa.
  • Provide support & guidance on wage negotiations, SA and Africa, when necessary.
  • Litigate externally on employment disputes and union disputes, when required.
  • Support & provide guidance on the negotiation of collective agreements, SA and Africa.
  • Assist with the resolution of ethics and anti-corruption calls and related investigations.
  • Assist the Real Estate Executive to manage the company lease portfolio, including drafting lease agreements, dispute resolution, renewals, cessions, administration including maintenance issues iro all leased property.
  • Educational Requirements

  • LLB degree (admitted attorney).
  • Work and Training experience

  • 8-10 years post articles experience (preferably in law firm or corporate environment), strong working knowledge of regulatory environment applicable to retailers, including Competition Act, CPA and POPI, working knowledge of trademarks;
  • strong commercial acumen and proven ability to negotiate wide range of commercial agreements.

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