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Labour and employment law

Our expert legal team is up-to-date on all the latest developments in South African labour and employment law, ensuring you receive only the best advice.

This department provides wide-ranging services, including the following:

  • Preparation of contracts of employment
  • Preparation of contracts of independent contractors
  • Termination of employment
  • Retrenchments
  • Labour disputes (representation in the CCMA, applicable Bargaining Councils and all Courts)
  • Providing written legal opinions on various labour related matters
  • Transfer of employment contracts
  • Transfer of businesses
  • Collective bargaining
  • Drafting of policies relating to, among others, gender equality, language, sexual harassment, disability, HIV/Aids and occupational health and safety
  • Employment equity
  • Skills development
  • Internal disciplinary and grievance procedures
  • General litigation
FAQs

During the employees’ first six months of employment, the statutory notice period is one week. During the second six months of employment, it is two weeks, and thereafter it is four weeks.

The employee repudiated the employment agreement and will be in breach of the employment agreement. The employer may accept the repudiation and institute a damages claim against the employee, or the employer may reject the repudiation and keep the employee to the employment agreement.

Yes, the minimum severance pay is one week salary for every completed year of service.

No. According to Section 20(5)(b) of the Basic Conditions of Employment Act, the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment. In terms of the Act, an employee is accordingly prohibited from taking leave during his/her period of notice on resignation, and the employer is prohibited from compelling the employee to take leave during any period of notice.

Who to contact

Commercial | Labour Law

Richard Stevens

Richard Stevens BA (Law) LLB LLM LLD Commercial Mediator 021 808 5632
Labour Law

Koos Geyser

BA LLB 021 808 5636
Commercial | Labour Law

Richard Stevens

Richard Stevens BA (Law) LLB LLM LLD Commercial Mediator 021 808 5632
Labour Law

Koos Geyser

BA LLB 021 808 5636