Labour Law

Labour Law for Employers and Employees

Labour law governs the whole employment relationship, from the first employment contract to the end of employment. In South Africa it is regulated mainly by the Labour Relations Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997 and the Employment Equity Act 55 of 1998.

For employers, sound employment contracts and policies, fair disciplinary procedures and ongoing compliance help avoid costly CCMA referrals and Labour Court litigation. For employees, labour law protects against unfair dismissal, unfair labour practices and discrimination.

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Resolving Labour Law

The LRA requires disputes to follow a structured process. Most begin with internal grievance or disciplinary procedures. If they remain unresolved, they are referred to conciliation at the CCMA or a bargaining council. Where conciliation fails, a dispute may proceed to arbitration (for example, most unfair dismissal disputes) or to the Labour Court (for matters such as automatically unfair dismissals, discrimination and retrenchment disputes). Businesses facing protected strikes or considering a lockout must follow the requirements of the LRA closely.

When To Involve An Attorney

Employers benefit most from legal advice before a problem becomes a dispute: when drafting employment contracts and policies, preparing for and chairing disciplinary hearings, planning a restructuring or retrenchment under section 189 of the LRA, responding to CCMA referrals, or managing industrial action. Employees typically need an attorney when facing an unfair dismissal, an unfair labour practice, discrimination or harassment, or unpaid remuneration, particularly once a matter reaches the CCMA or the Labour Court.

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What We Do

We advise and represent employers and employees in all areas of labour law. For businesses, we draft and review employment contracts, workplace policies and disciplinary codes, advise on compliance, guide fair disciplinary processes and lawful retrenchments, represent employers at the CCMA, bargaining councils and the Labour Court, and help manage industrial action while minimising legal risk.

For employees, we assess the merits of a dispute, prepare CCMA and bargaining council referrals, negotiate settlements, and represent clients at arbitration and in the Labour Court.

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