Employment Law

We pride ourselves on offering a high quality, dynamic and accessible legal service, which enables us to assist our clients in proactively mitigating their employment risk and resolving employment disputes when they occur.

We work in association with JUSTINE DEL MONTE & ASSOCIATES

Established in 2007, we are a firm of Cape Town-based attorneys specialising in Employment Law and Industrial Relations. Located at Rose Street Chambers in the Bo-Kaap, we provide the full range of employment related legal advice and services to employers, employees, HR and labour consultants and other legal practitioners in what is an increasingly complex and fluid area of law.

In offering a specialist service rather than general practice, we ensure our clients receive the best possible legal expertise and advice in employment and labour law matters.

Services

Our services include Dispute Resolution, Advisory Services, Customised Documentation and Adjudicatory Services.

Dispute Resolution

While we are ready to litigate on behalf of our clients, we maintain that litigation should be the last resort, and we work closely with our clients to assist them in developing practical and creative solutions to traditional adversarial litigation. Our litigation services take account of our clients’ interests and the uncertainty and costs associated with litigation. Our services include:

  • Appearances in forums such as the CCMA, Bargaining and Statutory Councils, Labour Court, Labour Appeal Court, High Court and Supreme Court of Appeal.
  • Arbitrations (private and statutory)
  • Applications
  • Acting in relation to dismissals or alleged unfair labour practices

Acting in disputes with employees over non-payment of wages, overtime, leave and retrenchment pay.

Advisory Services

We build partnerships with our clients, especially Human Resources and Finance departments, to advise on a wide range of non-litigious employment law matters as well as commercial matters with employment law implications. Our approach is to minimise litigation risk and assist in ensuring that proper and efficient workplace practices, procedures and controls are implemented. This approach is fundamental to improving morale and reducing labour costs. Our services include:

  • Providing advice and education: communicating obligations under employment legislation including the Basic Conditions of Employment Act 75 of 1997, Labour Relations Act 66 of 1995, Compensation for Occupational Injuries and Diseases Act 85 of 1993 and the Employment Equity Act 55 of 1998, as well as obligations under existing Bargaining Council collective agreements.
  • Restructuring: advice and management of a restructuring process including documentation, employee consultation, candidate selection, severance packages and agreements.
  • Disciplinary Proceedings: drafting of notices, assisting in preparation for hearings, and representing clients.
  • Performance Management: setting up, documenting and monitoring of performance management process.
  • Business sales or transfers: valuation and apportionment of liability between the purchaser and seller and the restructuring of the newly merged entities.
  • Collective Bargaining: wage negotiations, advice and management of strikes and lock outs, facilitating discussions with trade unions regarding recognition and organizational rights

As part of our service, we offer seminars and workshops for our clients on a range of relevant topics including running disciplinary hearings and arbitrations, general seminars in new developments in law or proposed changes to current legislation. We can also develop and run customised seminars to meet any specific requirements.

Customised Documentation

We draft a full range of customised legal documentation including:

  • Employment contracts
  • Collective agreements
  • Severance and settlement agreements, restraints of trade, agreements in relation to transfers of business, undertakings or services and independent contractor agreements
  • Disciplinary and grievance procedures, warnings, dismissal notices and sexual harassment codes.

Adjudicatory Services

We are available to chair disciplinary and appeal hearings and to mediate disputes on behalf of our clients.