Cluver Markotter

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    Employment Law


    Human capital is one of the most important resources in a business.  Employment disputes could have far-reaching consequences for the operation of any business. Our Employment Law department offers a wide range of employment law services, including hands-on assistance in respect of employment processes to be undertaken to achieve business goals.

    Our services include:

    • Preparation of contracts of employment
    • Transfer of employment contracts
    • Transfer of businesses and restructuring
    • Drafting policies relating, among others, to gender equality, language, sexual harassment, disability, HIV/Aids
    • Drafting restraints of trade and dealing with disputes relating thereto
    • Providing written legal opinions on various employment-related matters
    • Assisting in the processes relating to the termination of employment contracts; facilitating retrenchments; facilitating or chairing disciplinary hearings; incapacity investigations
    • Internal disciplinary and grievance procedures, including facilitating disciplinary hearing processes and grievance procedures
    • Advice on appeals in respect of internal company processes
    • Representation of clients in labour disputes in the CCMA / Bargaining Council / Labour Court / Labour Appeal Court / High Court / Supreme Court of Appeal / Constitutional Court
    • Unfair dismissals and other unfair labour practices
    • Compliance with the Employment Equity Act
    • Dealing with unfair discrimination
    • Disputes relating to severance pay, wages, overtime and leave
    • General Litigation


    Cluver Markotter’s team of seasoned labour law attorneys stand as a beacon of clarity. With a deep understanding of the Employment Services Act, unlawful dismissal, and more, our experts ensure your rights and interests are always forefront.






    The primary goal is to promote equal opportunity and fair treatment in employment by eliminating unfair discrimination.
    A constructive dismissal occurs when an employee resigns due to intolerable working conditions caused by the employer, making continued employment unbearable.
    Yes, if you can prove the intolerable conditions led to your resignation, you can claim UIF.
    Dismissal is a direct termination by the employer, whereas constructive dismissal results from an employee resigning due to the employer’s intolerable behaviour.
    Basis can include consistent work-related harassment, forced unbearable working conditions, or a drastic and unjustifiable reduction in salary.
    An employee can lodge a complaint with the CCMA or a relevant Bargaining Council or seek legal representation.
    Address it promptly by reporting to higher management or HR, documenting incidents, and, if necessary, seeking legal advice or intervention.
    Employees can address it with their HR, review employment contracts, and if unresolved, consult with legal representation on breach of overtime labour law.
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