EMPLOYMENT LAW / LABOUR LAW

Employment Law in South Africa has become an increasingly difficult and dangerous obstacle course and the different pieces of labour legislation leave very little room for error whether you are a big or small employer.

Our Employment Law department strives to assist our clients to traverse this minefield in an effective, innovative and cost-effective manner.

We act for clients across various sectors in South Africa ranging from Aviation to Pharmaceutical and our industry expertise sets us apart as a solution-based employment practice.

With the ever-changing field of Employment Law, we pride ourselves on remaining abreast of the latest developments and assist our clients to do the same by offering workshops, training and project planning.

We offer a FREE OF CHARGE NO OBLIGATION HR AUDIT that focuses on, amongst others, the following aspects within your business:

• HR Manuals: Policies and Procedures
• Disciplinary Procedures/Code
• Consideration of historic and pending CCMA/Bargaining Council/Labour Court cases
• Union Agreement and related matters
• Retrenchments
• Historic and/or pending Grievances

We conduct an assessment of the above-mentioned aspects against legal compliance and best practice. A report is compiled and presented detailing our finding and the provision of recommendations for further steps.

DISPUTE RESOLUTION
We represent and support our clients in all dispute resolution forms including the CCMA, Bargaining Councils, Labour Court and Labour Appeal Court concerning various disputes including but not limited to:

• Strikes
• Lock-outs
• Unfair dismissals / Unfair labour practices / Unfair suspensions / constructive dismissals
• Organisational rights
• Collective agreements
• Unfair discrimination

DRAFTING
We assist with the drafting and revision of all labour related documentation including but not limited to:

• Contract of employment (Permanent)
• Fixed term contract of employment
• Severance agreement / Settlement agreement
• Restraint of trade
• Collective agreements
• Independent contractor agreements
• Disciplinary and grievance regulations and procedures, warnings and dismissal notices
• Ultimatums and Lock-out notices
• Codes on sexual harassment, retrenchment, social networking and other.

CONSULTING
We pride ourselves on providing our clients with tailor made solutions and accurate advice pertaining to the following:

• Disciplinary proceedings
  • Draft notices of disciplinary hearings
  • Assist in preparing for the disciplinary hearing
  • Act as independent chairperson
• Arbitrations
  •  Assist in preparing for the arbitration by consulting with witnesses, subpoena witnesses, draft statements and heads of argument
  • Represent our clients, when permissible
• Retrenchments and Restructuring:
  • A step-by-step guide on the Retrenchment process
  • Draft all notices and documentation
  • Consult with trade unions, employees and their representatives
  • Advise on selection criteria
  • Retrenchment agreements

TRAINING
South African employment law is ever changing and complicated. For that reason, we ensure that our clients are up to date with the latest developments, case law and legislation.

We offer:

• Customised training sessions and workshops for HR and IR officers, Managers, Executives, In-house legal advisers and more.
• How to prepare for and run disciplinary enquiries.
• How to prepare and run arbitrations.
• Preparation and examination of witnesses.

The above presentation of our expertise and field of practice within South African Employment Law is not exhaustive and we aim to provide our clients with a broad spectrum of quality legal services.