Industrial Relations

We provide expert advice and opinions on a wide range of non-litigious employment law matters, as well as commercial issues with employment law implications. Our services include:

Corporate Restructuring:

• Conduct corporate restructuring exercises.
• Provide step-by-step guidance on the retrenchment process.
• Manage the entire restructuring process.
• Draft all necessary notices and documentation.
• Consult with trade unions, employees, and their representatives.
• Review and scrutinize minutes from consultation meetings.
• Advise on the formulation of selection criteria.
• Develop severance packages.
• Draft retrenchment agreements.
• Represent clients at CCMA or bargaining council facilitation meetings.

We provide expert advice and opinions on a wide range of non-litigious employment law matters, as well as commercial issues with employment law implications. Our services include:

Our drafting include:

• Employment contracts for executives, managers, permanent employees, and fixed-term or specific task employees.
• Collective agreements at all bargaining levels.
• Severance and settlement agreements.
• Restraint of trade and confidentiality agreements.
• Agreements related to Section 197 of the Labour Relations Act (LRA).
• Valuation and apportionment agreements for business, undertaking, or service transfers.
• Temporary employment services agreements.
• Training agreements.
• Independent contractor agreements.
• Disciplinary and grievance procedures, including warnings and dismissal notices.
• Lock-out notices and ultimata.
• Codes of conduct on sexual harassment, retrenchment, picketing, social networking, and more.

We offer professional services by assisting with collective bargaining with trade unions to ensure fair and efficient bargaining.

Our services include:

• Assisting clients in preparing for collective bargaining negotiations.
• Employment Equity Committee Members
• Representing clients during negotiations with trade unions or employee representatives.
• Advising on negotiation strategies and tactics.
• Drafting and reviewing collective agreements.
• Ensuring compliance with collective bargaining regulations and labor laws.
• Providing guidance on managing industrial action related to collective bargaining.

We provide comprehensive legal support to our clients by representing them 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. In addition, we offer assistance with private arbitrations and represent clients in their dealings with the Department of Labour.

Our expertise covers a wide range of disputes, where we offer advice and representation in the following areas:

• Unfair dismissals.
• Unfair labour practices.
• Organisational rights disputes.
• Collective agreements enforcement.
• Lock-out disputes.
• Strike actions.
• Alleged non-compliance with the Employment Equity Act (EEA).
• Unfair discrimination claims.
• Non-payment of wages, overtime, leave, and severance pay.

We offer professional services in various areas of alternative dispute resolution, ensuring fair and efficient processes in the workplace.

Chairing Hearing:

• Poor Performance
• Ill Health Incapacity Hearings
• Disciplinary hearings.
• Appeal hearings.
• Ensuring adherence to legal standards and fair procedures.
• Providing detailed reports and recommendations after each hearing.

We conduct thorough statutory and collective agreement compliance audits to ensure that our clients' terms and conditions of employment align with legal and regulatory requirements. Our audits assess whether employment practices are compliant with the Basic Conditions of Employment Act (BCEA), relevant collective agreements, arbitration awards, compiance orders and Labour Court rulings.

Through this process, we identify any potential areas of non-compliance and provide actionable recommendations to help clients rectify issues and maintain legal compliance. By ensuring alignment with these standards, we assist our clients in avoiding disputes, minimizing legal risks, and fostering a compliant and fair workplace environment.

To guide clients through the complexities of employment law, we offer tailored training sessions, and workshops on a wide range of topics. These include practical guidance on disciplinary procedures and preparing for arbitrations. Each session is customized to meet the specific needs of your business, ensuring that your team is equipped with the necessary skills and knowledge.

In addition, we develop comprehensive compliance checklists designed to help companies prevent or minimize costly employment disputes by staying aligned with legal requirements.

We also keep our clients informed on proposed legislation and regulatory changes that may impact employment relationships. Through webinars, seminars, conferences, specialist newsletters, and email alerts, we ensure our clients are always up-to-date with the latest developments in employment law.

We assist clients in managing Department of Labour (DOL) inspections and ensuring compliance with relevant regulations. Our team provides expert guidance on responding to compliance orders and helps clients navigate the legal requirements to resolve issues effectively.

In cases where compliance orders are challenged, we offer professional assistance in opposing them at the CCMA or relevant bargaining councils, ensuring that our clients' interests are fully protected and that they achieve the best possible outcome.

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

• Mining and Quarrying
• Manufacturing
• Agriculture, Forestry, and Fishing
• Construction
• Retail and Wholesale Trade
• Hospitality and Tourism
• Financial Services and Banking
• Telecommunications and Information Technology (IT)
• Energy and Utilities
• Healthcare and Pharmaceuticals
• Transport and Logistics
• Real Estate and Property Development
• Automotive Industry
• Media, Advertising, and Entertainment
• Aviation and Aerospace
• Public Sector and Government Services
• Legal Services
• Professional Services (Consulting, Engineering, etc.)
• Insurance
• Textiles and Apparel
• FMCG (Fast Moving Consumer Goods)
• Chemical Industry
• Food and Beverage Industry
• Non-Profit and NGO Sector