Labour Relations

As professional labour law specialists and Employment attorneys we specialise in all labour law related matters.

Restructuring and Retrenchment proceedings

  • Providing general restructuring advice regarding legal compliance as well as business strategy
  • Managing restructuring and retrenchment proceedings
  • Attending consultations with employees, workplace forums and trade unions if required
  • Advising on appropriate selection criteria in line with legal requirements as well as business needs
  • Advising on various alternatives to dismissal
  • Assisting in the calculation of severance packages
  • Drafting invitations to consult in terms of section 189 of the LRA, voluntary retrenchments/mutual termination agreements and termination letters
  • Representing clients at the CCMA, dispute resolution bodies and the Labour Court in the event of retrenchment-related disputes

Transfer of a Business as a Going Concern

  • Conducting due diligence investigations and drafting the associated due diligence reports in the case of transferring a business as a going concern
  • Advising on whether the sale of a business amounts to the transfer of a business as a going concern in terms of section 197 of the LRA and advising of the consequences of section 197
  • Drafting section 197 agreements between the buyer and the seller of the business as far as employee transfers, warranties, indemnities and liabilities are concerned
  • Drafting section 197 transfer letters for employees
  • Drafting section 197 agreements between buyer, seller and employees if a change of terms and conditions of employment are to be implemented
  • Providing restructuring advice pursuant to a section 197 transfer of business

Labour law consulting

  • Advising on all aspects of employment law practice and procedure
  • Advising on compliance with the Protection of Personal Information Act
  • Advising on and drafting severance/settlement/mutual termination agreements
  • Advising on restraint of trade litigation
  • Advising on and drafting restraint of trade and confidentiality agreements
  • Advising on the merits of CCMA and Labour Law Court disputes (including review and interlocutory applications) and drafting the necessary pleadings

Disciplinary Proceedings

  • We assist clients with drafting and reviewing charge sheets
  • Notices to attend disciplinary hearings
  • Chairing of disciplinary enquiries and appeal hearings
  • Drafting the outcomes on guilt and appropriate sanction
  • Preparation and representation for CCMA, Bargaining Council and Labour Court representation

Due Diligence and Workplace Investigations

  • Undertaking the employment law aspects of due diligence investigations and drafting due diligence reports
  • Advising on risk mitigation strategies pursuant to completing a due diligence investigation
  • Undertaking major workplace investigations and assisting clients to implement remedial measures following the conclusion of those investigations

Employment Contracts and Workplace Policies and Procedures

  • Drafting workplace policies and procedures
  • Drafting and reviewing contracts of employment (including executive employment contracts), fixed term contracts, independent contractor agreements and temporary employment services agreements

Incapacity Investigations

  • Assisting in the performance management of employees
  • Conducting investigations into instances of incapacity/poor performance
  • Assisting in the institution of incapacity hearings

Labour law training

Facilitation of webinars and virtual workshops to our clients covering labour law updates, chairing of disciplinary enquiries and hot topics in employment law.

CCMA representation

  • Assisting clients in preparing for CCMA, bargaining council and Labour Court appearances
  • Representing clients at the CCMA, bargaining council and Labour Court where the circumstances permit (with or without the assistance of counsel)

Our holistic and preventative approach to handling labour law matter enables the companies business outcomes and contributes towards organisational development.