LABOUR LAWYERS SOUTH AFRICA
What is Labour Law?
The traditional role of Labour law is to establish an equal balance between the competing rights of employers and employees so as to prevent exploitation. Simply put, Labour law regulates the relationship between employers and employees.
Labour law in South Africa is anchored in a set of core legal frameworks that govern employers’ and employees’ rights and duties. These laws are founded on the principles outlined in The Constitution of the Republic of South Africa, which guarantees fair labour practices and the right to join trade unions. Central to employment relationships is the Labour Relations Act (LRA), which provides a structured approach to collective bargaining and dispute resolution. It established the Commission for Conciliation, Mediation, and Arbitration (CCMA) to resolve workplace disputes effectively. The Basic Conditions of Employment Act (BCEA) sets minimum employment standards, from working hours to leave entitlements, ensuring that employers meet basic conditions that promote fair treatment.
SPECIALIST LABOUR LAW ATTORNEYS – AREAS OF PRACTISE
Whether you are an employer or an employee, Burger Huyser Attorneys’ labour lawyers in South Africa have substantial knowledge, experience and expertise to assist clients in the various fields of labour law. Our Labour law services are quite extensive and comprehensive. We assist employers, employees, trade unions, workplace forums and any other party whose interests and rights are vested in labour and employment law. Our Labour Department at Burger Huyser Attorneys will be able to assist you with the following:
Strategic Planning, Employment and Company Policies
Strategic planning is the process of documenting and establishing a direction in your business. In this plan, a business considers its mission, vision, values and long-term goals and makes sure that employees share the same vision. A Company Policy is a set of general guidelines that outline the company’s plan for confronting issues they face. Here, both the rights of the employee and the business are taken into consideration.
Employment Contracts
The employment relationship is a contractual one, whereby an employee receives compensation (salary, wages) in return for the services they render to the employer. The terms and conditions under which those services are rendered, together with the corresponding obligations of the employer stem from the Contract of Employment, which serves as the first point of call to seek clarity on the employment relationship.
Disciplinary Hearings
Labour law requires that disciplinary procedures be substantially and procedurally fair. Where either of these falls short, it may form a basis for challenging the decision through an outside process e.g CCMA, upon all the internal procedures being exhausted.
Unfair Dismissals
An unfair dismissal is whereby an employer terminates employment without good cause and/or without following the correct procedure. This means the fairness of a dismissal hinges on two legs, substance and procedure. The Labour Relations Act 66 of 1995 provides that a dismissal will be regarded, by default, as unfair if the reason for the dismissal amounts to an infringement of the employee’s fundamental rights e.g gender, race, ethnicity, if unjustifiable under the circumstances.
CCMA and Bargaining Council
Our astute Labour law department attorneys are experienced and knowledgeable in labour representation at CCMA and several Bargaining Councils, which have dispute resolution jurisdiction in some economic sectors. Where disputes are referred, there are timeframes that must be strictly adhered to e.g 30 calendar days for unfair dismissal. Where a party refers to the dispute outside the stipulated time, we stand ready to assist in the application for Condonation.
Unfair Labour Practices
A claim for Unfair Labour Practices protects the employees of the company and not the employers. The Labour Relations Act defines an unfair labour practice as an unfair act or omission that arises between an employer and an employee, which involves:
- Unfair conduct of the employer relating to the promotion, demotion, probation or training of an employee or relating to the provision of benefits to an employee.
Labour Court Litigation
Where a dispute arises between an employer and an employee, it is advisable that efforts be made to resolve the matter in a conciliatory internal process first. In the event that the dispute remains unresolved, then the issue can be taken on formal processes as per the procedure. At first, will be the internal Disciplinary Hearing, then the CCMA/Bargaining Council, the Labour Court, the Labour Appeal Court and finally the Constitutional Court.
Retrenchments
Retrenchment is regulated by sections 189 and 189A of the Labour Relations Act 66 of 1995. The difference between these two procedures is that the former applies to small scale employers (50 employees or less) and big scale employers (more than 50 employees) who intend on undertaking small scale retrenchments. The latter (189A) applies to large scale employers who contemplate large-scale retrenchment in any 12-month consecutive period.
Frequently Asked Questions
A labour lawyer specialises in employment and labour law matters, representing both employers and employees in various workplace issues. Their roles often include advising on employment contracts, workplace policies, disciplinary actions, dismissals, unfair labor practices, and wage disputes. They can also assist with resolving disputes in the workplace through negotiations or represent clients in the CCMA (Commission for Conciliation, Mediation, and Arbitration) and Labour Court.
Labour law costs in South Africa vary depending on the complexity of the case, the lawyer’s experience, and the firm you choose. Fees may be charged on an hourly basis, or a flat fee might apply for specific services, like drafting employment contracts or representation at the CCMA. At Burger Huyser Attorneys, we aim to offer competitive rates and can provide an estimate based on the specifics of your case.
South African labour law is designed to protect the rights of both employers and employees, primarily governed by the Labour Relations Act, the Basic Conditions of Employment Act, and the Employment Equity Act. It provides a framework for fair employment practices and workplace dispute resolution. When issues arise, cases may be handled internally, escalated to the CCMA for mediation or arbitration, or taken to the Labour Court if necessary.
While it’s not mandatory to have a lawyer in the Labour Court, it’s highly recommended due to the complexities of legal proceedings. A labour lawyer can provide guidance, prepare legal documents, and effectively represent your case. Having professional representation often improves the chances of a favorable outcome.
No, you are not required to have a lawyer for CCMA proceedings, as it is intended to be an accessible, informal dispute resolution forum. However, having legal assistance can be beneficial, particularly in more complex cases or if your employer has legal representation. A labour lawyer can help you prepare your case, understand the process, and advise on the best approach to increase your chances of success.
NEED TO CONSULT WITH EXPERT LABOUR LAWYERS IN SOUTH AFRICA? CONTACT OUR LABOUR LAW ATTORNEYS TODAY
Contact a labour law attorney at Burger Huyser Attorneys today as we have gaines vast experience with these matters over the years. We pride ourselves on delivering and sharing our experience, passion and integrity to your advantage.
For your convenience, our service offering also includes Labour Lawyers In Alberton, Labour Lawyers In Randburg, Labour Lawyers In Sandton, Labour Lawyers In Roodepoort, Labour Lawyers In Bedfordview, Labour Lawyers In Centurion & Labour Lawyers In Lynnwood Pretoria.
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