delivers proactive solutions to the challenges our clients face in the management of their people.
Our Employment have advised and continue to advise Uber B.V.
Our team advised Sibanye in the ConCourt matter of Sibanye/M Bester
Our team advised on an extension of collective agreement to non-member employees and minority unions
Our team acted for Eskom in a dispute against NUMSA regarding the two parties' failure to conclude a new essential services agreement
"Cliffe Dekker Hofmeyr provide a very personal kind of service, as well as tailor-made solutions for corporate clients,"Chambers Global 2022
"The team is knowledgeable, understands the industry we operate in and is always willing to go the extra mile for us."Chambers Global 2022
The firm’s uniqueness is embedded in the personal and professional experience you have as a client. They have the ability to appropriately balance building personal relationships with professional conduct, a more informal culture with the professionalism, respectful customer-centricity with strong legal advice and opinions.Legal 500 EMEA 2020
The team is highly supportive and provides a partnership relationship.Legal 500 EMEA 2020
Extremely knowledgeable attorneys who operate with the highest level of integrity. Their brilliance and the results they produce are truly impressive.Legal 500 EMEA 2020
We support our clients by appearing in all employment-related forums including the Commission for Conciliation, Mediation and Arbitration (CCMA), Statutory Councils, Labour Court, Labour Appeal Court, High Court, Supreme Court of Appeal and Constitutional Court. We also assist our clients with private arbitrations. We represent our clients in their dealings with the Department of Labour.
Our expertise extends to advising and representing clients in the following disputes:
We advise clients and give opinions on a wide range of non-litigious employment law matters and commercial matters with employment law implications.
We undertake the following:
Our Employment team works extensively in an ever-expanding list of industries including:
To help guide clients through the intricacies of employment law, we present seminars and run customised training sessions and workshops on a range of issues, including how to run disciplinary hearings and how to prepare for and run arbitrations.
We develop compliance checklists that are designed to help companies avoid or minimise costly employment disputes.
We keep clients informed on proposed legislation and regulations affecting aspects of the employment relationship, and support clients with webinars, seminars, conferences and specialist newsletters and email alerts.
We draft a wide range of agreements, reports, policies, guidelines and procedures including:
We chair various hearings on behalf of our clients, including grievance, disciplinary and appeal hearings. We also mediate employment disputes and assist in collective bargaining.
We advise on the Constitution and the influence it has on the operations of both public and private organisations and corporations. We advise government departments and state-owned entities on wide-ranging legislation.
We undertake statutory or collective agreement compliance audits, including assessing whether the client’s terms and conditions of employment comply with the BCEA, a collective agreement, an arbitration award or Labour Court ruling.
In terms of the OHSA, we conduct accident investigations and represent clients in serious incident and fatality inquiries. We also conduct legal compliance audits and advise on health and safety policies and procedures.
We undertake employment law due diligences in relation to the transfer of a business, undertaking and service as a going concern, or the purchase of shares. The results of this process form the basis of the warranties and valuation and apportionment agreements required under s197 of the LRA.
We assist international and South African companies with the immigration requirements associated with the import of foreign skills and relocation of expatriates and their families.
Our services include:
We assist with legal queries regarding immigration-related issues; especially the current requirements of the Department of Home Affairs.
We assist public officers and other representative taxpayers with the onerous obligations of related tax provisions including:
We help clients to identify potential non-compliance and to restructure employment benefits (including share incentive schemes) to improve tax efficiency.
We assist with pension and provident funds and retirement benefits.
The Companies Act, which came into effect on 1 May 2011, has a significant impact on employment relationships. From an employment law perspective, our team of experts can:
Some of the more significant areas in which the Act impacts on employment relationships are: