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Labour Law
South Africa is host to a complex labour law regime which sometimes baffles employers and workers alike. Our Labour Law team is here to give you the support and guidance you need to navigate through these issues.
Employers are often outraged that employees “get away with it” when they go the CCMA. Likewise, in many cases, employees suffer gross procedural injustices, with some employers paying lip service to long-established principles of fairness. We assist both employers and employees to ensure that the outcome – whatever it may be – is reached in a just manner. Our services include:
- Advice to employers and employees on fair disciplinary procedures
- Representing employers or employees during disciplinary proceedings
- Performing independent misconduct investigations
- Chairing disciplinary or mediation hearings
A framework of comprehensive workplace policies is a must (and in some cases legally prescribed) for good order in the workplace. Documents like Codes of Conduct, Disciplinary Procedures and Harassment Policies ensure that everyone knows the standard of conduct expected of them and set out clear, actionable procedures to follow when things go wrong. This can go a long way towards maintaining acceptable conduct and discipline and avoiding unnecessary disputes.
A properly crafted contract of employment can be a very useful tool in avoiding or effectively managing disputes if an employment relationship sours. Employers also need to make careful decisions regarding the type of contracts that they use, to ensure that the contract is appropriate to a specific role or, indeed, lawful. We often find employers obliviously using the incorrect type of contract, which could land them in trouble down the line. We assist clients to prepare and advise on the correct contract for the correct situation, including:
- Permanent contracts
- Fixed-term contracts
- Project-specific contracts
- Independent contractor agreements
South African law strictly regulates the manner in which a contract of employment may be terminated and the consequences for following incorrect procedures can be severe. To avoid this, it is best to consult with experts on the most appropriate route to take and the specific requirements. We assist clients to make these important decisions and guide them through the various options, including:
- Retrenchment
- Termination due to misconduct
- Poor work performance
- Health related issues
- Voluntary termination or settlement agreements
The CCMA and industry-specific Bargaining Councils offer an expedient alternative to the court system for the adjudication of workplace disputes. We assist clients to prepare for these hearings (where legal representation is often not allowed by default) and to put the strongest possible case forward.
When all else fails, court remains the last line of defence for both aggrieved employers and employees, depending on the nature of the dispute. Working closely together with highly trained advocates, we represent clients in the Labour Court and Labour Appeal Court.
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