We are specialist labour attorneys situated in Morningside Sandton. Our up to date knowledge of all relevant labour legislation combines with our wealth of experience resulting in services to our clients which are expert, considered, on point and swift.

Our Client Base

Our client base consists of a wide variety of role players within the industry and includes:

  • Individuals
  • Commercial entities
  • State Enterprises
  • Trade Unions
  • Employer Organisations

Our Focus Areas:

  • Advice and assistance in drafting employment contracts
  • Dismissals of all types
  • Representation at the CCMA, labour court and LAC levels
  • Sexual harassment in the work place
  • Unfair discrimination in the work place
  • Collective bargaining agreements and related
  • Assisting and advising both Employer Organisations and Unions

Types Of Dismissal

There are only three valid ways of dismissing an employee:

  • Operational Reasons (retrenchment)
  • Incapacity
  • Misconduct

Requirements For A Fair Dismissal:

  • Must be procedurally fair
  • Must be substantively fair (a fair reason)

If either requirement is missing, the dismissal is unfair.

Know Your Rights

Employee Rights

Employees have certain universal rights which emanate from the Constitution, common law and in some case, from legislation. To start with, every employee has the right:

  • Not to be unfairly dismissed
  • To be treated with dignity and respect
  • To be paid the agreed wage/salary on the agreed date
  • To be provided with appropriate resources/equipment to enable him/her to perform the job
  • To have safe working conditions
  • To fair labour practices
  • Not to be victimisation when exercising his/her legitimate rights
  • To the protection and benefits of the Basic Conditions of Employment Act, the Employment Equity Act and the Labour Relations Act.

Employer Rights

All employers have the right to:

  • Form an employers' organisation
  • Join an employers' organisation
  • Take part in lawful employers' organisation activities
  • Be protected from anyone who discriminates against them because of their membership or activities.

Employers' Organisation's Rights

All employers' organisations have the right to:

  • Perform lawful activities
  • Form or affiliate with national and/or international trade union or employers' federations
  • Fund or be funded by such international federations.

Employee vs. Independent Contractor

Only employees are entitled to the protection of the Labour Relations Act. In certain instances it is extremely difficult to determine whether a person is an employee alternatively an Independent Contractor. The courts use what is known as the "Dominant Impression Test" which takes into account a number of factors. We will expertly guide and advise you regarding your rights.

Contact Us For Your Labour Law Needs