LABOUR & EMPLOYMENT

Navigating the intricate employer-employee relationship can be challenging. TCG Attorneys provide comprehensive Labour and Employment Law services across all labour related matters. We can assist with inter alia the following:

  • Legal opinions / advisory work
  • Investigations (grievances and allegations)
  • Disciplinary enquiries (advice, prosecuting and chairing), mainly those involving executives and people in senior positions
  • Drafting and reviewing of contracts of employment, all workplace policies and manuals
  • Training on any labour and employment law topicsRepresentation in disciplinary hearings, at CCMA, in Bargaining Councils, private arbitrations, the Labour Court, the Labour Appeal Court and the Constitutional Court.

We can advise on any dispute arising out of these main pieces of legislation impacting the employer/employee relationship, including:

  • The Labour Relations Act (LRA) and all Codes of Good Practice issued in terms of the Act including contracts of employment, the relationship of the parties to an employment contract, suspensions, termination of employment for any reason, and the rights and obligations of the parties post the termination of the employment relationship;
  • The Basic Conditions of Employment Act (BCEA);
  • The Employment Equity Act (EEA), Regulations and Codes issued under the Act;
  • The Occupational Health and Safety Act (OHSA)
  • We can also advise on how other legislation might impact the employment relationship, and if necessary, clients will be referred to subject matter experts on this other legislation.

We can advise on inter alia these issues:

  • Contracts of employment and all related matters regardless of whether the BCEA applies
  • Enforcement and/or variation of contracts
  • Grievance and disciplinary processes
  • Terminations including due to resignations, misconduct, incapacity, retrenchments, constructive dismissals and discriminatory dismissals
  • Fixed terms contracts
  • Transfers of businesses and impact on contracts of employment
  • Discrimination in the workplace
  • Unfair labour practice claims
  • Rights and obligations on termination of employment
  • Defending and/or challenging dismissals
  • Collective labour law including collective agreements, organisational rights, strikes and lockouts, exemption applications and demarcation disputes.