Employment and Labour Law governs the rights, duties, and obligations between employers and employees in South Africa, primarily regulated by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), and the Employment Equity Act (EEA). Compliance with this legislation is non-negotiable and requires employers to maintain fair procedures, robust policies, and a clear legal framework for the workplace.
Our firm provides strategic counsel and litigation support to both employers and employees on all aspects of the labour relationship. We focus on proactive compliance management for businesses and robust representation for individuals facing workplace disputes. We handle complex issues ranging from restructuring and collective bargaining to unfair dismissal and discrimination claims at the CCMA, Bargaining Councils, and the Labour Court.
Key areas of our Employment and Labour Law expertise include:
- 🔹 Unfair Dismissal and Disciplinary Hearings: Advising employers on fair disciplinary procedures and representing both employees and employers in dismissal disputes at conciliation, mediation, and arbitration.
- 🔹 Employment Contracts and Policies: Drafting legally compliant contracts, codes of conduct, workplace policies, and collective agreements to minimize legal risk.
- 🔹 Restructuring and Retrenchment: Guiding employers through the legal requirements of operational requirements dismissals (retrenchment) under Section 189 and 189A of the LRA.
- 🔹 Discrimination and Equal Pay: Handling disputes related to unfair discrimination, harassment, and compliance with the Employment Equity Act.
- 🔹 Collective Bargaining and Strikes: Advising on union recognition, wage negotiations, and managing the legal risks associated with industrial action.
Strategic Advantage in Employment and Labour Law
Our strategy is preventative, focusing on embedding compliance into the workplace structure, and assertive when litigation is unavoidable, ensuring rapid resolution of disputes.
- 🔹 Preventative Compliance Audits – We conduct comprehensive audits of employment policies and procedures to ensure adherence to the BCEA and LRA, drastically reducing the risk of costly claims.
- 🔹 Effective CCMA and Labour Court Advocacy – Our specialized experience in the labour dispute forum ensures that cases are prepared rigorously and presented persuasively, leading to higher success rates.
- 🔹 Disciplinary Hearing Expertise – We often act as the chairperson or representative in complex internal disciplinary inquiries, ensuring the process is procedurally fair and substantively sound.
- 🔹 Strategic Restructuring Advice – We provide clear, legally sound guidance during challenging restructuring processes, mitigating the risk of large-scale unfair dismissal claims.
Related Blog Articles
Labour law demands precise contractual agreements, strict regulatory compliance, and effective resolution of disputes—all critical elements covered in these related articles.