LABOUR LAW

In an increasingly competitive world, it is vital that a company is able to attract and retain the best people. This requires a pro-active approach to managing and meeting workforce expectations and also requires an open and innovative approach to resourcing businesses. Labour law provides the legal framework within which businesses and employees interact in this dynamic environment. Given the broad legislative intervention in South Africa, employment law has become increasingly complex.

Keeping abreast of the latest legal developments in legislation and case law is essential as non-compliance with legal obligations may be costly.

Our employment team provides the full spectrum of labour law services including labour litigation, drafting of labour related contracts and legal opinions regarding the various labour related legislation.

OUR EXPERIENCE

We advise our clients on a wide range of employment matters and commercial matters with employment law implications. Our expertise includes the following:

  • Senior executive terminations
  • Unfair labour practices (promotion, demotion, training, benefits, unfair suspension and disciplinary action short of dismissal)
  • Workplace discipline (disciplinary procedures, conducting disciplinary enquiries and chairing disciplinary hearings)
  • Dismissals (termination with or without notice, constructive, automatically unfair, misconduct, operational requirements (retrenchments) and incapacity including poor work performance, incompatibility and ill-health)
  • Restructuring and organisational development
  • Strikes and protest action, dismissal of unprotected strikers and lock-outs
  • Collective labour law, including dealing with trade unions, organisational rights issues, and industrial action
  • Pension fund, provident fund and retirement annuity disputes
  • Drafting specialised employment agreements including restraint of trade agreements and employee invention and secrecy agreements
  • Advice on temporary employment services (labour brokers)
  • Closures, mergers and sales of businesses in the context of section 197 of the Labour Relations Act
  • Instituting or defending matters in the CCMA, bargaining councils, Labour Court, Labour Appeal Court, High Court, Supreme Court of Appeal and Constitutional Court
  • Advice on compliance with all labour legislation.

OUR SERVICES

Consulting

We guide and assist our clients, whether an employee or an employer, by focusing on proactive solutions. We pride ourselves on developing a deep understanding of our client’s needs and being able to provide them with a complete suite of legal services.

Drafting

We draft agreements, policies, guidelines and procedures including:

  • Contracts of employment, including, executive, standard, fixed term and temporary employment agreements
  • Independent contractor agreements
  • Termination of employment agreements
  • Severance and settlement agreements
  • Restraint of trade and confidentiality agreements
  • Employee share option schemes and plans
  • Employment policies, manuals and codes
  • Opinions in respect of labour legislation and case law
  • Policies on sexual harassment and social networking

Dispute Resolution

We support our clients in resolving matters, in their best interests, as quickly and efficiently as possible. We do this by appearing, either by means of our respected attorneys and candidate attorneys or appointed external counsel, in all employment-related forums including the CCMA, bargaining councils, Labour Court, Labour Appeal Court, High Court, Supreme Court of Appeal and Constitutional Court. We also assist our clients with private arbitrations and the Department of Labour.

 

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