We act for clients at workplace, NECs, Ministry of Labour, Labour Court, Supreme Court and the Constitutional Court, in particular in relation to litigation, the interpretation and application of provisions of the Labour Relations Act and its amendments.
1. Collective Employment Law
The relationship between multiple stakeholders like employees, employers and trade unions is inevitably complex and nuanced. Because industrial action can be crippling to business, it is imperative to have a legal partner assist in navigating these relationships and processes. We assist in initiatives aimed at assisting our clients to address an increasingly complex and volatile organised labour environment.
We assist clients with a number of collective employment law related matters, including:
- Engaging with trade unions and bargaining councils, and devising negotiation strategies on wage negotiations and/or demarcation disputes, amongst others;
- Drafting and interpreting collective agreements;
- Providing advice on managing strikes, lock-outs and go slow action, picketing and the like; including obtaining urgent interdicts and establishing picketing rules.
- Designing, drafting and implementing bonus schemes and other incentive arrangements (bearing relevant tax issues and important strategic and reputational issues in mind)
- Advising on medical aid schemes and retirement funds and compliance with applicable rules and legislation; and
- Advising on employee benefits such as group life and disability benefits and the handling of related claims.
2. Individual Employment Law
Understanding the complexities of the law, as it applies to people-management, is a critical part of building successful relationships and businesses.
We work with corporates, state-owned entities and individuals in relation to a broad spectrum of individual employment law matters, including:
- Assistance in drafting and implementing employment policies and procedures;
- Assistance in drafting and negotiating employment contracts for blue-collar employees, executives, managers, permanent employees, employees for a fixed term, independent contractors and cross-border secondment arrangements;
- Assistance with disciplinary proceedings;
- Assistance with performance management matters;
- Assistance in respect of the removal of directors and executives in line with good corporate governance;
- Advice and assistance with the employment of foreign nationals;
- Advice in relation to redundancies and restructurings;
- Advice in respect of the employment aspects of liquidations and business rescue proceedings;
- Advice in respect of employment equity related matters, its Codes and Sectoral Codes;
- Advice in relation to the impact of mergers and acquisitions on employees, transfers of a business as a going concern and workforce reductions;
- Advice in relation to unfair dismissals and unfair labour practices;
- Advice in relation to discrimination law and disputes, including sexual harassment;
- Advice in relation to privacy issues in the workplace and access to information matters; and
- Advice relating to drafting and enforcing restraints of trade.