Fairness at work, protected
South African labour law gives employees strong protection and places clear duties on employers. When those rules are misunderstood or ignored, the cost can be significant for both sides: lost income, reinstatement orders, compensation awards and damaged working relationships.
We act for employees who have been treated unfairly and for employers who want to manage their workforce lawfully and with confidence. Because we understand how each side approaches a dispute, we can give you practical advice on where your case is strong, where it is exposed, and how to resolve it.
Dismissed? Act quickly.
An unfair dismissal dispute must generally be referred to the CCMA or bargaining council within 30 days of the dismissal. Contact us as soon as possible so that time limits don’t count against you.
How we help
Support at every stage of the employment relationship, including when it ends.
Unfair dismissal disputes
Assessing whether a dismissal was substantively and procedurally fair, and pursuing or defending the claim.
CCMA and bargaining council
Preparing referrals, conciliation strategy and arbitration cases, including evidence and witnesses.
Disciplinary hearings
Advising on charges and procedure, and chairing or representing parties at internal hearings.
Labour Court
Litigation, reviews of arbitration awards and urgent applications.
Retrenchments
Guiding employers through the section 189 consultation process and advising affected employees.
Contracts and policies
Drafting and reviewing employment contracts, restraints of trade and workplace policies.
Unfair labour practices
Disputes about promotion, demotion, training, benefits and suspension.
Discrimination and harassment
Claims and workplace procedures under the Employment Equity Act.
Who we act for
Employees
- Dismissed or facing a disciplinary hearing
- Retrenched or told your position is redundant
- Treated unfairly in promotion, pay or benefits
- Asked to sign a settlement or restraint of trade
Employers
- Managing misconduct or poor performance
- Planning a restructure or retrenchment
- Responding to a CCMA referral or award
- Putting sound contracts and policies in place
Common questions
General information only. Every matter turns on its own facts, so speak to us about yours.
How long do I have to refer an unfair dismissal dispute?
Generally 30 days from the date of dismissal, to the CCMA or the relevant bargaining council. Unfair labour practice disputes must usually be referred within 90 days. Late referrals need a condonation application, which is not guaranteed, so it is important to act quickly.
Can an attorney represent me at the CCMA?
Legal representation is not allowed at conciliation. At arbitration it depends on the type of dispute: in dismissals for misconduct or incapacity, the commissioner decides whether to allow it. Even where we cannot appear, we can prepare your case, your documents and your witnesses thoroughly beforehand.
My employer says my job is redundant. What are they required to do?
An employer that is considering retrenchments must consult with affected employees (or their representatives) about ways to avoid or minimise dismissals, selection criteria and severance pay. The minimum severance pay required by law is one week’s pay for each completed year of service.
Can I be dismissed without a hearing?
In most cases a fair procedure requires that you are told of the allegations and given a fair opportunity to respond before a decision is made. What that process looks like depends on the circumstances. We can assess whether the process followed in your case was fair.
