Employment Law

We support our clients by appearing in all employment-related forums including the Commission for Conciliation, Mediation and Arbitration (CCMA), Statutory Councils, Labour Court, Labour Appeal Court, High Court, Supreme Court of Appeal and Constitutional Court. We also assist our clients with private arbitrations. We represent our clients in their dealings with the Department of Labour.

Our expertise extends to advising and representing clients in the following disputes:

• Unfair dismissals
• Unfair labour practices
• Organisational rights
• Collective agreements
• Lock-outs
• Strikes
• Alleged non-compliance with the Employment Equity Act (EEA)
• Unfair discrimination
• Non-payment of wages, overtime, leave and severance pay

We advise clients and give opinions on a wide range of non-litigious employment law matters and commercial matters with employment law implications. 

We undertake the following:

• Corporate restructuring exercises 
• Offer a step-by-step guide on the retrenchment process
• Manage the restructuring process
• Draft all notices and documentation
• Consult with trade unions, employees and their representatives
• Scrutinise minutes from consultation meetings
• Advise on selection criteria
• Formulate severance packages
• Draft retrenchment agreements
• Represent clients at CCMA or bargaining council facilitation meetings
  
  
• Disciplinary proceedings
• Draft notices of disciplinary hearings
• Assist in preparing for disciplinary hearings
• Represent our clients at hearings, when permissible
  
  
• Performance management issues
• Manage poor performers
• Introduce performance management systems and employee grading systems
  
  
• Transfer of a business as a going concern
• Valuation and apportionment of liability
• Restructuring of a joint venture, merged entity or service provider following transfer
  
  
• The impact of a merger on employees 
• Assist in the consultative process with employees and their representatives
• Prepare the necessary impact reports and documentation to support a merger filing with the Competition Commission
  
  
• We advise clients of their obligations under the following Acts
• Basic Conditions of Employment Act (BCEA): Annual leave, leave pay, sick leave and overtime
• EEA: How to draft an employment equity plan and report
• Compensation for Occupational Injuries and Diseases Act: Reporting obligations in cases of injuries on duty
• Employment Services Act
• Occupational Health and Safety Act (OHSA)

Our Employment team works extensively in an ever-expanding list of industries including:

• Aviation
• Banking
• Catering and hospitality 
• Cellular services
• Chemical
• Financial services
• Insurance
• Luxury goods
• Mining
• Media and telecommunications
• Pharmaceutical
• Petroleum
• Retail
• Transport
• State-owned enterprises
• Government departments

To help guide clients through the intricacies of employment law, we present seminars and run customised training sessions and workshops on a range of issues, including how to run disciplinary hearings and how to prepare for and run arbitrations.

We develop compliance checklists that are designed to help companies avoid or minimise costly employment disputes.

We keep clients informed on proposed legislation and regulations affecting aspects of the employment relationship, and support clients with webinars, seminars, conferences and specialist newsletters and email alerts.

We draft a wide range of agreements, reports, policies, guidelines and procedures including:

• Contracts of employment for executives, managers, permanent employees and employees employed for a fixed term or specific task
• Collective agreements at all bargaining levels
• Severance and settlement agreements
• Restraints of trade and confidentiality agreements
• Agreements contemplated by s197 of the Labour Relations Act (LRA)
• Valuation and apportionment agreements in relation to transfers of businesses, undertakings or services
• Temporary employment services agreements
• Training agreements
• Independent contractor agreements 
• Disciplinary and grievance regulations and procedures, warnings and dismissal notices
• Lock-out notices and ultimata
• Codes on sexual harassment, retrenchment, picketing, social networking and various others

We chair various hearings on behalf of our clients, including grievance, disciplinary and appeal hearings. We also mediate employment disputes and assist in collective bargaining.

We advise on the Constitution and the influence it has on the operations of both public and private organisations and corporations. We advise government departments and state-owned entities on wide-ranging legislation.

We undertake statutory or collective agreement compliance audits, including assessing whether the client’s terms and conditions of employment comply with the BCEA, a collective agreement, an arbitration award or Labour Court ruling.

In terms of the OHSA, we conduct accident investigations and represent clients in serious incident and fatality inquiries. We also conduct legal compliance audits and advise on health and safety policies and procedures.

We undertake employment law due diligences in relation to the transfer of a business, undertaking and service as a going concern, or the purchase of shares. The results of this process form the basis of the warranties and valuation and apportionment agreements required under s197 of the LRA.

We assist international and South African companies with the immigration requirements associated with the import of foreign skills and relocation of expatriates and their families. 

Our services include:

• General work permits
• Intra-company transfer work permits
• Special skills work permits
• Section 11(2) business visitors’ visas
• Quota work permits
• Visa applications for spouses and dependent children
• Study permits
• Permanent residence applications
• Temporary residence status within the borders of South Africa

We assist with legal queries regarding immigration-related issues; especially the current requirements of the Department of Home Affairs.

We assist public officers and other representative taxpayers with the onerous obligations of related tax provisions including:

• The application of pay-as-you-earn to independent contractors and fringe benefits
• Share schemes
• Other benefits employers must provide

We help clients to identify potential non-compliance and to restructure employment benefits (including share incentive schemes) to improve tax efficiency. 

We assist with pension and provident funds and retirement benefits.

The Companies Act, which came into effect on 1 May 2011, has a significant impact on employment relationships. From an employment law perspective, our team of experts can:

• Advise on the impact of the Act on:
• Policies
• Processes
• Employment agreements
• Collective relationships and agreements
• Conduct audit compliance with the Act
• Redraft policies, processes and agreements to ensure compliance with the Act
• Provide training on clients’ responsibilities under the Act

Some of the more significant areas in which the Act impacts on employment relationships are:

• Removal of directors
• Extended director, prescribed officer and committee member liabilities
• Indemnities and insurance for directors, prescribed officers and committee members
• Whistle-blower protections
• Employee, board and statutory committees
• Share incentive schemes
• Mandatory notices to employees and unions
• Retrenchments during business rescue processes
• Extended union rights (eg access to sensitive financial information)

Our Immigration Law team assists international and South African companies with immigration requirements normally associated with the import of foreign skills. Learn more about our Immigration Law service offering.