Employment Law

We believe that contracts are the culmination of not only negotiations and agreements reached between Employers and Employees, but are essential tools in managing positive and constructive relationships between all parties involved. It therefore advisable to have a professionally drafted contract to avoid any negative consequences.

Our professional expertise in drawing up and tailoring any type of written employment contract offers you the convenience of:

  • Ensuring that both parties to the agreement are fully aware of the contents of the agreement;
  • Establishing transparency between the parties;
  • Creating and maintaining trust between parties; and
  • Avoiding unnecessary disputes between parties.

We offer specialised advice and services under the many aspects of employment law. This includes professional expert insight into and the drafting of contracts; the drafting / implementation of all the relevant Human Resources policies and Grievance Procedures; and assisting in resolving workplace disputes and representing clients at the CCMA, Bargaining Councils and Labour Court.

Legal Goalkeeper rates Employment Services rates Special rates for SME’s

Should you require a quote please complete our quote form.

* Choosing the “right fit” attorney is an important matter! We fully appreciate this and therefore offer a reasonably priced and commitment free initial consultation (R900 VAT included per initial consultation), so you can ensure you have found the “right fit” before contracting legal work! Call us today!

For more information, feel free to browse related topics below.

Suggested reading and related topics:

 

Pregnant Employees

Automatic Unfair Dismissals- Pregnancy and Employment

We are celebrating Women’s month in August. As such it is always good to reflect on how far we have come as a nation since thousands of brave women marched to the Union Buildings on the 9th of August 1956. But the question remains – how far have we rea …

Read full story
sexual harassment

#WOMENSMONTH – Part One Series: Sexual Harassment in the Workplace – Know your Rights as an Employee!

  In South Africa, it is far more common for female employees to fall victim to Sexual Harassment in the workplace. They are often too afraid to speak up or break the silence out of fear of losing their jobs. It is important for all female employe …

Read full story
Employer unilaterally change retirement age

Retirement- Can your Employer unilaterally change your retirement age?

“When they finally let me retire I want to be a full-time artist”. Nelson Mandela said after agreeing to paint for charity in 2001. Most South Africans believe that they will retire upon reaching the age of 65. They plan and structure their estates acc …

Read full story
developing skills in the work place

Developing skills in the work place

Statutory provisions to ensure certain categories of Employees receive adequate theoretical and practical training has existed since 1922. These statutory provisions are an important and integral part of South Africa’s overall objective to reduce pover …

Read full story
restraint of trade

Transfer of a business – what about restraint of trade agreements?

Under the common law, Contracts of Employment did not automatically transfer to the new Employer once the Business was transferred or sold as a going concern. Section 197 of the Labour Relations Act (“the Act) changed this and provides for the automati …

Read full story
suspensions

Suspensions in the workplace – how and when must the Employer suspend Employees

It can be quite daunting for an Employer to suspend an Employee. Many Employers have not followed any procedures when suspending their Employees. The Employer would later regret not seeking any advice as to the correct manner to suspend Employees espec …

Read full story
Labour Relations Act

Strikes and Lock-Outs: The Rights of Employees and Employers

The Labour Relations Act 66 of 1997 as amended (hereinafter referred as to the “LRA”), regulates the law relating to strikes and lock-outs. The LRA provides and outlines the rights and protection provided to Employees who decide to embark on strike act …

Read full story
conciliation

Are conciliation proceedings at the CCMA privileged? A case study perspective.

The Labour Relations Act No. 66 of 1995, as amended (hereinafter referred to as “the LRA”), is regarded as the most important part of any Labour Legislation. The Labour Relations Act created structures for the purpose of collective bargaining, this inc …

Read full story
disciplinary hearings

Disciplinary hearings- the correct way to dismiss misbehaving Employees

Many Employers struggle when it comes to dismissing misbehaving Employees. Some Employers do not discipline misbehaving Employees for years. Then suddenly one day when they (the Employer) have had enough of the misbehaving Employee’s behaviour (and all …

Read full story
Monitoring employee communications

Can an employer monitor employee communications?

Employers often provide their employees access to emails, so they may have the necessary tools to complete their work. For this reason, employers assume they have the right to monitor the emails of their employees. However, it is not that simple and cl …

Read full story
double jeopardy

‘Double jeopardy’ – When will courts disregard this rule

It is trite that in criminal proceedings a person cannot be tried for the same crime twice, once that person has been acquitted by a competent Court of Law. It has generally been accepted that Employees cannot be subjected to more than one disciplinary …

Read full story
double jeopardy

What is polygraph testing and is it admissible in South Africa?

In recent times, polygraph testing has been used more commonly. It was previously only used in the United States of America where it is regulated by legislation. In South Africa, it is frequently used in the Private Security Industry by Employers to di …

Read full story
double jeopardy

Basic Conditions of Employment Act Amendment Bill 2017

The Basic Conditions of Employment Act No. 75 of 1997, as amended (the BCEA), which gives effect to the right to fair labour practices referred to in Section 23 of the Constitution by establishing and making provision for the regulation of basic condit …

Read full story

Derivative misconduct and collective disciplinary enquiries

In a recent Labour Court ruling of Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others, the Judge held that an employee bound implicitly by a duty of good faith towar …

Read full story

Vicarious liability of employers

It is trite law in South Africa that an employer will be vicariously liable for the negligent act of his or her employee/employees or agent/agents, in the event of the employee/employees or agent/agents acting in a negligent manner during the course of …

Read full story
employment

When am I regarded as an employee?

The signing of an offer of employment generally signifies the beginning of a contractual relationship between an employer and employee in labour law. Legislation that stipulates the rights of both the employer and employee after the signing of the offe …

Read full story
schoemanlaw inc jobs newspaper

Legislative action taken against unemployment – The Employment Services Act

The Employment Services Act was assented to by the President on 3 April 2014, is aimed at addressing the gross unemployment levels in South Africa.  The new act aims to repeal all the employment services provisions contained in the Skills Development A …

Read full story

The line between lawful disclosures and confidentiality – how businesses and employees should protect themselves

Managing the disclosure of information effectively in your business is not a nicety, but absolutely non-negotiable, in my view. It may prove to be difference between maintaining your ‘’competitive edge’’ and untainted reputation and the failure of your business.

Read full story

Success Stories in Creating a Sustainable Small Business

Businesses may fail because they fail to limit foreseeable risk and because their ideas are not structured optimally. The three elements below are some of the key considerations in doing business in a responsible and sustainable manner. Entrepreneur Ma …

Read full story