Advisory and regulatory
Employment and labour
A business is only as sound as its relationships with its people. We help employers set those relationships up clearly, and handle them fairly when things change.
Overview
We advise employers on the employment relationship from start to finish: the terms on which people are engaged, the policies that govern the workplace, and the processes that apply when there is misconduct, poor performance or a need to restructure.
Our approach is preventive. Clear contracts and well-drafted policies reduce disputes, and fair processes followed correctly reduce the risk that a decision will be challenged. When a dispute does arise, we advise on the employer's position and help prepare for the process that follows.
We also advise on the employment aspects of corporate transactions, including the transfer of employees when a business is sold.
Services
What the work involves
Employment contracts
We draft permanent, fixed-term and executive employment contracts, including remuneration, duties, confidentiality, intellectual property and restraint provisions, tailored to the role and the business. We make sure contracts comply with the Basic Conditions of Employment Act and other applicable legislation, and that restraints and confidentiality provisions are reasonable and enforceable.
Workplace policy frameworks
We prepare complete employment policy frameworks, including leave, information security, data protection and POPIA, return of property, technology governance, acceptable use, and disciplinary and grievance policies. The policies are drafted to work together as a set and to be straightforward for managers to apply. We can also help introduce them to the workforce.
Discipline and dismissal
We advise on fair procedure from the first allegation to the outcome, including investigations, charge sheets, the conduct of disciplinary hearings, and the outcome documents. Many dismissals are found to be unfair because of procedure rather than substance. We help employers get both right.
Restructuring and retrenchments
We advise on the process the Labour Relations Act requires when operational changes may lead to retrenchments, including consultation, selection criteria and severance. We help employers plan the process, prepare the notices and documents, and manage consultation so that the business can change shape while the process remains fair.
CCMA matters
We advise employers and individuals when a dispute is referred to the CCMA, including assessing the merits, preparing documents and witness statements, and approaching conciliation and settlement. Many matters can be resolved at conciliation. We help clients understand their position and the likely outcome, so that they can decide whether settlement is the better course.
Unfair labour practices
We advise on allegations of unfair labour practices, including promotions, benefits, suspensions and disciplinary action short of dismissal, and on the remedies available. We help employers respond to grievances and allegations before they become formal disputes.
Employment in transactions
We advise on the transfer of employees when a business is sold as a going concern, and on the employment terms of key people in acquisitions and investments. We identify employment liabilities in due diligence and make sure the transaction documents allocate them clearly between buyer and seller.
Workplace investigations
We advise on the investigation of workplace irregularities and the employment consequences of the findings. Investigations are conducted fairly and confidentially, and the findings are documented so that they can support any action that follows.
Who we work with
Employers of all sizes, from start-ups engaging their first employees to established businesses restructuring their operations; HR and operations teams; and executives negotiating their own terms.
How we work
Prevention first
Contracts and policies that are clear from the start avoid many disputes.
Process discipline
We help employers follow the correct process, which is often the deciding factor.
Proportionate advice
We match the depth of our involvement to what the situation requires.
Common questions
Do you appear at the CCMA?
We advise on and help prepare for CCMA processes. Whether and how a party is represented at a hearing depends on the type of proceeding and its rules, and we advise on this when a matter arises.
Technically sound. Commercially minded.
Advice that begins with technical precision and extends to the commercial and strategic judgement that founders, owners and executives rely on.