Workplace decisions can affect livelihoods, business continuity, and long-term working relationships. Marais Attorneys’ labour law attorneys assist employers and employees with employment contracts, workplace procedures, compliance, and dispute resolution. We help you understand your position, consider your options, and approach labour matters with clear legal guidance.
South African employment relationships operate within a detailed legal framework. A contractual disagreement, disciplinary concern, or breakdown in industrial relations calls for advice that considers both the law and the circumstances behind the issue.
We keep track of developments in labour law and legislation to assist clients with employment and industrial relations matters. Whether you need guidance before making a decision or assistance with an existing dispute, we’ll help you identify the issues that require attention.
Experienced Dispute Resolution Attorneys for Labour Matters
Workplace conflict can develop from uncertainty about responsibilities, concerns about treatment, or disagreement over an employment decision. Addressing the underlying issue early can help parties clarify their positions and consider whether a practical resolution is possible.
Our approach to dispute resolution begins with understanding the facts, the relevant documents, and what you want to achieve. We consider the legal issues alongside the effect of the dispute on your business, career, or working relationships.
We assist with negotiations, appropriate settlement discussions, CCMA matters, bargaining council disputes, and labour-related litigation. The appropriate route depends on the nature of the dispute and the forum with jurisdiction.
Where agreement is achievable, we can help negotiate and record settlement terms. Where formal proceedings are necessary, our labour law attorneys advise on the process, preparation, and available options.
Employment Contracts: Drafting, Interpretation, and Termination
A well-considered employment contract helps establish expectations from the start. It should reflect the employment relationship, explain the parties’ obligations, and take account of applicable legal requirements.
We assist employers and employees with drafting, reviewing, and interpreting employment contracts. Our advice also covers contractual disputes and the termination of employment agreements.
Our assistance includes:
- Drafting terms suited to the employment arrangement
- Reviewing provisions relating to duties, remuneration, working arrangements, and notice
- Explaining rights and obligations under an existing agreement
- Advising on proposed changes to employment terms
- Assessing contractual issues when employment ends
An employment contract is one part of the wider legal relationship. We help clients consider contractual terms alongside statutory obligations and any applicable collective agreements.
Advice on Employment Standards and Labour Law Compliance
Understanding which obligations apply to your workplace is essential to making informed employment decisions. Our labour law attorneys assist with minimum standards legislation and compliance matters under the Basic Conditions of Employment Act and the Labour Relations Act.
For employers, this includes considering how employment terms and workplace practices align with applicable requirements. For employees, it means understanding the protections and obligations relevant to their circumstances.
We provide guidance on issues involving working conditions, leave, remuneration, termination, and employment procedures. The application of particular provisions can depend on the employee, sector, and employment arrangement, so advice should address the specific situation.
We also assist with matters involving the Employment Equity Act and Black Economic Empowerment legislation. These areas have distinct requirements, and we help clients identify the obligations relevant to their operations and employment practices.
Unfair Dismissals and Unfair Labour Practices
Losing a job, or deciding whether to end an employment relationship, can carry significant consequences. Clear advice helps both employers and employees understand the issues before taking their next step.
We assist with unfair dismissal matters, including allegations of automatically unfair dismissal. Our work includes reviewing the reasons for dismissal, the process followed, and the evidence available.
We also advise on unfair labour practice disputes. These require careful assessment of the conduct complained of and whether it falls within the relevant legal provisions.
Our assistance can include:
- Reviewing employment records and correspondence
- Assessing the circumstances surrounding the disputed decision
- Explaining potential dispute resolution routes
- Preparing for negotiations or formal proceedings
- Advising on settlement proposals and their implications
The description given to a workplace problem doesn’t always determine its legal nature. We help you identify the appropriate basis for addressing it.
Disciplinary Hearings and Workplace Procedures
Disciplinary matters require careful preparation and a fair approach. Unclear allegations, incomplete records, or poorly managed procedures can complicate an already difficult situation.
We assist with the formulation of disciplinary allegations and the preparation of disciplinary proceedings. We also provide chairing services, with attention to the impartiality required of that role.
Our guidance helps clients understand the issues to be considered, the relevant workplace rules, and the documentation needed. We advise on disciplinary matters in the context of applicable legislation, codes, and the circumstances of the employment relationship.
Whether you’re an employer considering disciplinary action or an employee facing allegations, understanding the process can help you prepare more effectively.
Retrenchments and Employment Termination
Operational changes can place employers and employees under considerable pressure. When retrenchment is being considered, the reasons for the proposal and the process followed both require attention.
We assist with retrenchment processes and related disputes, including advice on consultation, documentation, and the issues that need to be addressed before decisions are finalised.
For employers, our role is to help navigate the applicable requirements. For employees, we provide guidance on their position, the proposed process, and concerns arising from it.
We also advise on other employment termination matters, helping clients distinguish between contractual questions, dismissal disputes, and other issues that may require separate consideration.
Collective Bargaining and Trade Union Relations
Constructive industrial relations depend on a clear understanding of the rights and responsibilities of employers, employees, and trade unions.
We assist with recognition agreements, negotiations with trade unions and bargaining councils, collective bargaining forums, and the regulation and interpretation of collective agreements.
Our services also cover organisational rights and freedom of association, including advice on agency shop and closed shop agreements.
Where disagreements arise, we help clients assess the relevant agreements, legal framework, and available dispute resolution procedures. Our advice considers both the immediate issue and its implications for the ongoing employment relationship.
Strikes, Lock-outs, Picketing, and Protest Action
Industrial action can raise urgent legal and operational questions. We advise on strikes, lock-outs, picketing, and protest action, helping clients understand the requirements and potential consequences relevant to their circumstances.
These matters call for a careful assessment of the underlying dispute, the steps already taken, and the rules that apply. We assist clients in considering their options and responding to developments with informed legal guidance.
CCMA Assistance and Labour-Related Litigation
A referral to the Commission for Conciliation, Mediation and Arbitration can be unfamiliar territory. We assist with CCMA issues, including assessing disputes, preparing documentation, and advising on the relevant procedures.
Legal representation depends on the forum, the stage of proceedings, and the applicable rules. We explain how those rules affect your matter and provide representation where permitted.
We also assist with labour-related litigation where court proceedings are appropriate. Preparation includes understanding the evidence, identifying the legal issues, and considering the practical implications of pursuing or defending a claim.
Speak to Our Labour Law Attorneys
Employment matters are easier to assess when the relevant facts and documents are available. Whether your concern involves a contract, disciplinary process, dismissal, collective agreement, or ongoing dispute, we can help you understand the next steps.
When contacting us, have your employment contract, relevant correspondence, notices, and a brief timeline available where possible. If a hearing or referral deadline is approaching, let us know when you enquire.
Contact Marais Attorneys to arrange a consultation with our labour law attorneys and discuss your employment or dispute resolution needs.