Labour Law
Whether an employee requires advice regarding his rights or an employer seeks assistance with upholding South African employment standards to the benefit of employees, we will advise on all aspects of employment law.
We will advise on any aspect pertaining to labour legislation, such as employment and dismissals (including retrenchments) or aspects involving commercial transactions or pension funds.
Our Labour Law services inter alia include:
- Creating letters of employment and contracts of employment (executive, standard, fixed term and temporary)
- Drafting restraints of trade and confidentiality agreements
- Drafting independent contractor agreements
- Contesting contracts of employment that are in violation of basic labour laws and employee rights
- Representation at disciplinary hearings
- Conciliation, mediation and arbitration
- Dealing with unfair labour practices, including health and safety violations, leave violations, retrenchments, and working hours violations
- Contesting constructive and unfair dismissals
- Representation at the CCMA, bargaining councils and Labour Court
- Allegations of discrimination based on gender, race, religion, and sexual orientation, etc.
- Allegations of sexual harassment
- Drafting employment policies, manuals and codes in line with South African labour law and legislation
- Drafting opinions in respect of labour legislation and case law
- Employment transfers in terms of Section 197 and 197A of the Labour Relations Act
- Negotiations of disputes
- Drafting and implementing employee share option schemes and plans
- Dealing with breach of restraint of trade undertakings, unlawful competition and confidentiality provisions
Our Labour Law Legal Team
Qualified attorneys taking care of your labour law matters
From Our Blog
Code of Good Practice for Dismissals in South Africa
Code of Good Practice: Essential Adherence for South African Employers The Code of Good Practice (Code) serves as a foundational guide for employers in South Africa, focusing on fair practices regarding dismissal relating to employee conduct, poor performance and incapacity. Understanding this Code is critical for employers to navigate the complexities of employment law while ensuring compliance with fair procedures. [...]
Restraint of Trade Clauses
Restraint of trade clauses in employment contracts are inherently complex and must be evaluated on a case-by-case basis. South African courts have provided guidance through various rulings, shedding light on when such clauses may be deemed enforceable. The Supreme Court of Appeal (SCA) ruled in 2007 that a restraint of trade is reasonable when an employee has received significant proprietary [...]
The Impact of Restraint of Trade Clauses on South African Businesses
Are restraint of trade clauses affecting South African businesses? In this article, we delve into the impact of these clauses and their consequences for companies operating in the country. Restraint of trade clauses, commonly found in employment contracts, restrict employees from engaging in certain activities that could pose a competitive threat to their former employer. While these clauses aim to [...]