Employment Law

Employment law has become increasingly complex with greater legislative intervention. We help our clients keep abreast of changes and avoid the costly financial and relational consequences of non-compliance.

Employment Law Services

Dispute resolution

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:

  • Unfair dismissals
  • Unfair labour practices
  • Organisational rights
  • Collective agreements
  • Lock-outs
  • Strikes
  • Alleged non-compliance with the Employment Equity Act (EEA)
  • Unfair discrimination
  • Non-payment of wages, overtime, leave and severance pay

Consulting

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:

  • Corporate restructuring exercises 
  • Offer a step-by-step guide on the retrenchment process
  • Manage the restructuring process
  • Draft all notices and documentation
  • Consult with trade unions, employees and their representatives
  • Scrutinise minutes from consultation meetings
  • Advise on selection criteria
  • Formulate severance packages
  • Draft retrenchment agreements
  • Represent clients at CCMA or bargaining council facilitation meetings

  • Disciplinary proceedings
  • Draft notices of disciplinary hearings
  • Assist in preparing for disciplinary hearings
  • Represent our clients at hearings, when permissible

  • Performance management issues
  • Manage poor performers
  • Introduce performance management systems and employee grading systems

  • Transfer of a business as a going concern
  • Valuation and apportionment of liability
  • Restructuring of a joint venture, merged entity or service provider following transfer

  • The impact of a merger on employees 
  • Assist in the consultative process with employees and their representatives
  • Prepare the necessary impact reports and documentation to support a merger filing with the Competition Commission

  • We advise clients of their obligations under the following Acts
  • Basic Conditions of Employment Act (BCEA): Annual leave, leave pay, sick leave and overtime
  • EEA: How to draft an employment equity plan and report
  • Compensation for Occupational Injuries and Diseases Act: Reporting obligations in cases of injuries on duty
  • Employment Services Act
  • Occupational Health and Safety Act (OHSA)

Industry Expertise

Our Employment team works extensively in an ever-expanding list of industries including:

  • Aviation
  • Banking
  • Catering and hospitality 
  • Cellular services
  • Chemical
  • Financial services
  • Insurance
  • Luxury goods
  • Mining
  • Media and telecommunications
  • Pharmaceutical
  • Petroleum
  • Retail
  • Transport
  • State-owned enterprises
  • Government departments

Training

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.

Drafting

We draft a wide range of agreements, reports, policies, guidelines and procedures including:

  • Contracts of employment for executives, managers, permanent employees and employees employed for a fixed term or specific task
  • Collective agreements at all bargaining levels
  • Severance and settlement agreements
  • Restraints of trade and confidentiality agreements
  • Agreements contemplated by s197 of the Labour Relations Act (LRA)
  • Valuation and apportionment agreements in relation to transfers of businesses, undertakings or services
  • Temporary employment services agreements
  • Training agreements
  • Independent contractor agreements 
  • Disciplinary and grievance regulations and procedures, warnings and dismissal notices
  • Lock-out notices and ultimata
  • Codes on sexual harassment, retrenchment, picketing, social networking and various others

Alternative dispute resolution and collective bargaining

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.

Public law

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.

Auditing

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.

Occupational health and safety

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.

Due diligence

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.

Corporate immigration

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:

  • General work permits
  • Intra-company transfer work permits
  • Special skills work permits
  • Section 11(2) business visitors’ visas
  • Quota work permits
  • Visa applications for spouses and dependent children
  • Study permits
  • Permanent residence applications
  • Temporary residence status within the borders of South Africa

We assist with legal queries regarding immigration-related issues; especially the current requirements of the Department of Home Affairs.

Employee benefits

We assist public officers and other representative taxpayers with the onerous obligations of related tax provisions including:

  • The application of pay-as-you-earn to independent contractors and fringe benefits
  • Share schemes
  • Other benefits employers must provide

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

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:

  • Advise on the impact of the Act on:
  • Policies
  • Processes
  • Employment agreements
  • Collective relationships and agreements
  • Conduct audit compliance with the Act
  • Redraft policies, processes and agreements to ensure compliance with the Act
  • Provide training on clients’ responsibilities under the Act

Some of the more significant areas in which the Act impacts on employment relationships are:

  • Removal of directors
  • Extended director, prescribed officer and committee member liabilities
  • Indemnities and insurance for directors, prescribed officers and committee members
  • Whistle-blower protections
  • Employee, board and statutory committees
  • Share incentive schemes
  • Mandatory notices to employees and unions
  • Retrenchments during business rescue processes
  • Extended union rights (eg access to sensitive financial information)

Immigration Law

Our Immigration Law team assists international and South African companies with immigration requirements normally associated with the import of foreign skills. Learn more about our Immigration Law service offering. 

Webinars

We host regular employment webinars, like the one featured below. View all webinars.

Employment Law Guidelines

Employment Law Case Law Digital Book 2023
Employment Law Case Law Digital Book 2023
Parental Leave Guideline
Parental Leave Guideline
Employment Law Case Law Digital Book 2022
Employment Law Case Law Digital Book 2022
Immigration Guideline
Immigration Guideline
Employment Equity Amendments Guideline
Employment Equity Amendments Guideline
Kenyan Immigration Guideline - What you need to know about work visas in Kenya
Kenyan Immigration Guideline - What you need to know about work visas in Kenya
Harassment in the workplace - The New Code of Good Practice
Harassment in the workplace - The New Code of Good Practice
Employment Law - A Guide to Dismissals in Kenya
Employment Law - A Guide to Dismissals in Kenya
Employment Law - Case Law Quarterly 2022
Employment Law - Case Law Quarterly 2022
An Employer’s Guide to Collective Labour Law - South Africa
An Employer’s Guide to Collective Labour Law - South Africa
An Employer’s Guide to the Code of Good
An Employer’s Guide to the Code of Good
Africa Remote Working Guide
Africa Remote Working Guide
An Employer’s Guide to Mandatory Workplace Vaccination Policies
An Employer’s Guide to Mandatory Workplace Vaccination Policies
Employment Revival Guide - Alert Level 1 Regulations
Employment Revival Guide - Alert Level 1 Regulations
An Employer’s Guide to the second “COVID-19” holiday season and the new world of work in 2022
An Employer’s Guide to the second “COVID-19” holiday season and the new world of work in 2022
An Employers Guide to dealing with Employees during civil unrest
An Employers Guide to dealing with Employees during civil unrest
An Employers Guide to the New Alert Level 3 Regulation - 17 August 2021
An Employers Guide to the New Alert Level 3 Regulation - 17 August 2021
Substance Abuse in the workplace
Substance Abuse in the workplace
Labour Laws in Africa
Labour Laws in Africa
Recruitment to Retirement Guide - Kenyan Edition
Recruitment to Retirement Guide - Kenyan Edition
Business Transfer
Business Transfer
Employment Case Law Update 2021
Employment Case Law Update 2021
Equal Pay
Equal Pay
Employment Retrenchment Guideline
Employment Retrenchment Guideline
From Recruitment to Retirement
From Recruitment to Retirement
From Recognition to Strike
From Recognition to Strike
Labour Law Amendments
Labour Law Amendments
Laws of the World
Laws of the World
Sexual Harassment in the Workplace
Sexual Harassment in the Workplace
Social Media & the Workplace Guideline
Social Media & the Workplace Guideline
Temporary Employment Services Guideline
Temporary Employment Services Guideline
The Protection of Personal Information Act
The Protection of Personal Information Act
The New Dawn - Amendments to Labour Laws
The New Dawn - Amendments to Labour Laws
An Employers Guide to adjusted Alert Level 4 - 19 July 2021
An Employers Guide to adjusted Alert Level 4 - 19 July 2021
An Employer's Guide to Alert Level 1 Regulations
An Employer's Guide to Alert Level 1 Regulations
An Employer's Guide to the "COVID-19" Holiday Season
An Employer's Guide to the "COVID-19" Holiday Season
An Employer's Guide to Adjusted Alert Level 2 Regulations
An Employer's Guide to Adjusted Alert Level 2 Regulations
COVID-19 Workplace Health and Safety Guidelines
COVID-19 Workplace Health and Safety Guidelines
Returning to work after COVID-19 : A Revival Guide
Returning to work after COVID-19 : A Revival Guide
Returning to Work after COVID-19 - Employer's Obligations
Returning to Work after COVID-19 - Employer's Obligations
Employment Revival Guide - Alert Level 4 Regulations
Employment Revival Guide - Alert Level 4 Regulations
Employment Revival Guide - Alert Level 2 Regulations
Employment Revival Guide - Alert Level 2 Regulations
Employment Revival Guide - Alert Level 3 Regulations
Employment Revival Guide - Alert Level 3 Regulations
Employment Survival Guide - Know your employment rights
Employment Survival Guide - Know your employment rights

Services

Employment Law Services

Dispute resolution

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:

  • Unfair dismissals
  • Unfair labour practices
  • Organisational rights
  • Collective agreements
  • Lock-outs
  • Strikes
  • Alleged non-compliance with the Employment Equity Act (EEA)
  • Unfair discrimination
  • Non-payment of wages, overtime, leave and severance pay

Consulting

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:

  • Corporate restructuring exercises 
  • Offer a step-by-step guide on the retrenchment process
  • Manage the restructuring process
  • Draft all notices and documentation
  • Consult with trade unions, employees and their representatives
  • Scrutinise minutes from consultation meetings
  • Advise on selection criteria
  • Formulate severance packages
  • Draft retrenchment agreements
  • Represent clients at CCMA or bargaining council facilitation meetings

  • Disciplinary proceedings
  • Draft notices of disciplinary hearings
  • Assist in preparing for disciplinary hearings
  • Represent our clients at hearings, when permissible

  • Performance management issues
  • Manage poor performers
  • Introduce performance management systems and employee grading systems

  • Transfer of a business as a going concern
  • Valuation and apportionment of liability
  • Restructuring of a joint venture, merged entity or service provider following transfer

  • The impact of a merger on employees 
  • Assist in the consultative process with employees and their representatives
  • Prepare the necessary impact reports and documentation to support a merger filing with the Competition Commission

  • We advise clients of their obligations under the following Acts
  • Basic Conditions of Employment Act (BCEA): Annual leave, leave pay, sick leave and overtime
  • EEA: How to draft an employment equity plan and report
  • Compensation for Occupational Injuries and Diseases Act: Reporting obligations in cases of injuries on duty
  • Employment Services Act
  • Occupational Health and Safety Act (OHSA)

Industry Expertise

Our Employment team works extensively in an ever-expanding list of industries including:

  • Aviation
  • Banking
  • Catering and hospitality 
  • Cellular services
  • Chemical
  • Financial services
  • Insurance
  • Luxury goods
  • Mining
  • Media and telecommunications
  • Pharmaceutical
  • Petroleum
  • Retail
  • Transport
  • State-owned enterprises
  • Government departments

Training

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.

Drafting

We draft a wide range of agreements, reports, policies, guidelines and procedures including:

  • Contracts of employment for executives, managers, permanent employees and employees employed for a fixed term or specific task
  • Collective agreements at all bargaining levels
  • Severance and settlement agreements
  • Restraints of trade and confidentiality agreements
  • Agreements contemplated by s197 of the Labour Relations Act (LRA)
  • Valuation and apportionment agreements in relation to transfers of businesses, undertakings or services
  • Temporary employment services agreements
  • Training agreements
  • Independent contractor agreements 
  • Disciplinary and grievance regulations and procedures, warnings and dismissal notices
  • Lock-out notices and ultimata
  • Codes on sexual harassment, retrenchment, picketing, social networking and various others

Alternative dispute resolution and collective bargaining

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.

Public law

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.

Auditing

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.

Occupational health and safety

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.

Due diligence

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.

Corporate immigration

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:

  • General work permits
  • Intra-company transfer work permits
  • Special skills work permits
  • Section 11(2) business visitors’ visas
  • Quota work permits
  • Visa applications for spouses and dependent children
  • Study permits
  • Permanent residence applications
  • Temporary residence status within the borders of South Africa

We assist with legal queries regarding immigration-related issues; especially the current requirements of the Department of Home Affairs.

Employee benefits

We assist public officers and other representative taxpayers with the onerous obligations of related tax provisions including:

  • The application of pay-as-you-earn to independent contractors and fringe benefits
  • Share schemes
  • Other benefits employers must provide

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

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:

  • Advise on the impact of the Act on:
  • Policies
  • Processes
  • Employment agreements
  • Collective relationships and agreements
  • Conduct audit compliance with the Act
  • Redraft policies, processes and agreements to ensure compliance with the Act
  • Provide training on clients’ responsibilities under the Act

Some of the more significant areas in which the Act impacts on employment relationships are:

  • Removal of directors
  • Extended director, prescribed officer and committee member liabilities
  • Indemnities and insurance for directors, prescribed officers and committee members
  • Whistle-blower protections
  • Employee, board and statutory committees
  • Share incentive schemes
  • Mandatory notices to employees and unions
  • Retrenchments during business rescue processes
  • Extended union rights (eg access to sensitive financial information)

Immigration Law

Our Immigration Law team assists international and South African companies with immigration requirements normally associated with the import of foreign skills. Learn more about our Immigration Law service offering. 

Video

Webinars

We host regular employment webinars, like the one featured below. View all webinars.

Guidelines

Employment Law Guidelines

Employment Law Case Law Digital Book 2023
Employment Law Case Law Digital Book 2023
Parental Leave Guideline
Parental Leave Guideline
Employment Law Case Law Digital Book 2022
Employment Law Case Law Digital Book 2022
Immigration Guideline
Immigration Guideline
Employment Equity Amendments Guideline
Employment Equity Amendments Guideline
Kenyan Immigration Guideline - What you need to know about work visas in Kenya
Kenyan Immigration Guideline - What you need to know about work visas in Kenya
Harassment in the workplace - The New Code of Good Practice
Harassment in the workplace - The New Code of Good Practice
Employment Law - A Guide to Dismissals in Kenya
Employment Law - A Guide to Dismissals in Kenya
Employment Law - Case Law Quarterly 2022
Employment Law - Case Law Quarterly 2022
An Employer’s Guide to Collective Labour Law - South Africa
An Employer’s Guide to Collective Labour Law - South Africa
An Employer’s Guide to the Code of Good
An Employer’s Guide to the Code of Good
Africa Remote Working Guide
Africa Remote Working Guide
An Employer’s Guide to Mandatory Workplace Vaccination Policies
An Employer’s Guide to Mandatory Workplace Vaccination Policies
Employment Revival Guide - Alert Level 1 Regulations
Employment Revival Guide - Alert Level 1 Regulations
An Employer’s Guide to the second “COVID-19” holiday season and the new world of work in 2022
An Employer’s Guide to the second “COVID-19” holiday season and the new world of work in 2022
An Employers Guide to dealing with Employees during civil unrest
An Employers Guide to dealing with Employees during civil unrest
An Employers Guide to the New Alert Level 3 Regulation - 17 August 2021
An Employers Guide to the New Alert Level 3 Regulation - 17 August 2021
Substance Abuse in the workplace
Substance Abuse in the workplace
Labour Laws in Africa
Labour Laws in Africa
Recruitment to Retirement Guide - Kenyan Edition
Recruitment to Retirement Guide - Kenyan Edition
Business Transfer
Business Transfer
Employment Case Law Update 2021
Employment Case Law Update 2021
Equal Pay
Equal Pay
Employment Retrenchment Guideline
Employment Retrenchment Guideline
From Recruitment to Retirement
From Recruitment to Retirement
From Recognition to Strike
From Recognition to Strike
Labour Law Amendments
Labour Law Amendments
Laws of the World
Laws of the World
Sexual Harassment in the Workplace
Sexual Harassment in the Workplace
Social Media & the Workplace Guideline
Social Media & the Workplace Guideline
Temporary Employment Services Guideline
Temporary Employment Services Guideline
The Protection of Personal Information Act
The Protection of Personal Information Act
The New Dawn - Amendments to Labour Laws
The New Dawn - Amendments to Labour Laws
An Employers Guide to adjusted Alert Level 4 - 19 July 2021
An Employers Guide to adjusted Alert Level 4 - 19 July 2021
An Employer's Guide to Alert Level 1 Regulations
An Employer's Guide to Alert Level 1 Regulations
An Employer's Guide to the "COVID-19" Holiday Season
An Employer's Guide to the "COVID-19" Holiday Season
An Employer's Guide to Adjusted Alert Level 2 Regulations
An Employer's Guide to Adjusted Alert Level 2 Regulations
COVID-19 Workplace Health and Safety Guidelines
COVID-19 Workplace Health and Safety Guidelines
Returning to work after COVID-19 : A Revival Guide
Returning to work after COVID-19 : A Revival Guide
Returning to Work after COVID-19 - Employer's Obligations
Returning to Work after COVID-19 - Employer's Obligations
Employment Revival Guide - Alert Level 4 Regulations
Employment Revival Guide - Alert Level 4 Regulations
Employment Revival Guide - Alert Level 2 Regulations
Employment Revival Guide - Alert Level 2 Regulations
Employment Revival Guide - Alert Level 3 Regulations
Employment Revival Guide - Alert Level 3 Regulations
Employment Survival Guide - Know your employment rights
Employment Survival Guide - Know your employment rights

Employment Law experts

Our Employment Law team’s broad commercial insight and approach to developing a deep understanding of a client’s needs enables us to deliver pragmatic advice to support the client’s business objectives.

Our Employment Law experts
PRACTICE HEAD

Our Work

All

Sibanye Stillwater

CDH is representing Sibanye Stillwater, the largest individual producer of gold from South Africa and one of the 10 largest gold producers globally.  Our South Africa-based employment team provided strategic advice for Sibanye Stillwater in connection with a wage dispute and a threatened sympathy strike with the union, AMCU, at various other platinum producers.  

Arcelormittal South Africa

Cliffe Dekker Hofmeyr is representing Arcelormittal, the leading global steel manufacturing corporation in South Africa. Our South Africa-based employment team advised Arcelormittal at the Essential Services Committee (ESC) on an investigation in terms of section 71 of the LRA as to whether the manufacture, production, supply and distribution of steel should be designated as an essential service.  

Multichoice

Cliffe Dekker Hofmeyr is representing Multichoice, the leading South Africa-based company which operates satellite television services.  Our South Africa-based employment team advised Multichoice on numerous incapacity hearings in respect of employees refusing vaccination.  Many of these employees have referred their dismissals to the CCMA and we are currently representing Multichoice at the CCMA in these matters.  We are applying to have these matters consolidated and heard at the Labour Court.  We are also assisting Multichoice with opposing the review application for one matter taken on by the Labour Court.

Kwa Zulu Natal Growth Fund Trust (the Trust)

Cliffe Dekker Hofmeyr is representing the Kwa Zulu Natal Growth Fund Trust, the leading South Africa-based public-private partnership venture to finance medium to large private sector projects.  Our South Africa-based employment team was instructed to convene an internal disciplinary hearing on behalf of the Trust regarding alleged misconduct perpetuated by a senior employee, namely the Trust's former Acting CEO and current Chief Risk Officer.  

University of Cape Town (UCT)

Cliffe Dekker Hofmeyr is representing UCT, the leading South Africa-based public university.  Our South Africa-based employment team is advising the chairperson of the UCT Board in relation to allegations regarding her continued occupation as the chairperson of the university.  Our work on this matter follows a trend which is developing in South Africa regarding the removal of chairpersons and vice-chairpersons of tertiary institutions.  

PayGo Energy

CDH Kenya represented PayGo Energy, the leading Kenya-based distribution service which is developing smart metering systems that enable customers to pre-pay for clean cooking gas.  Our Kenya-based employment team advised PayGo on the termination of a senior employee.  

Murray & Roberts

CDH Kenya represented Murray & Roberts, the leading Ghana-based company which offers building, industrial civil construction, multi-disciplinary engineering, procurement, operations, maintenance and equipment supply services to the mining & minerals and power generation sectors, as well as to Government and private sector clients.  Our Kenya-based employment team advised Murray & Roberts on the amount payable to a senior employee with respect to a redundancy.

Stitch Money

CDH Kenya represented Stitch Money, the leading South Africa-based fintech company.  Our Kenya-based employment team advised Stitch Money on the on-boarding of independent contractors in Kenya and Nigeria.  Few teams have the necessary depth of expertise to lead work on such matters for clients both in Kenya and in a cross-border context.  This is a key skill set for clients and a source of high-end work flows for our firm.

Shara

CDH Kenya represented Shara, the leading US-based developer of community-driven finance software solutions.  Our Kenya-based employment team advised Shara on independent contractor contracts.  Here we highlight the broad range of industry segments in relation to which our team is regularly called to advise on employment matters, including in a cross-border context.

KOKO Networks

CDH Kenya represented KOKO Networks, the leading Kenya-based venture-backed technology company.  Our Kenya-based employment team assisted KOKO Networks with the review of employment contract and job advertisements for a senior employee.  

MTN Business Kenya

CDH Kenya represented MTN, the leading Kenya-based technology company.  Our Kenya-based employment team assisted MTN with a restructuring and carrying out redundancies within the Kenya office.  Our work for MTN here is a further clear confirmation of our status as go-to counsel for clients in sophisticated employment matters, here involving a significant restructuring component.

Our Work

Sibanye Stillwater

CDH is representing Sibanye Stillwater, the largest individual producer of gold from South Africa and one of the 10 largest gold producers globally.  Our South Africa-based employment team provided strategic advice for Sibanye Stillwater in connection with a wage dispute and a threatened sympathy strike with the union, AMCU, at various other platinum producers.  

Arcelormittal South Africa

Cliffe Dekker Hofmeyr is representing Arcelormittal, the leading global steel manufacturing corporation in South Africa. Our South Africa-based employment team advised Arcelormittal at the Essential Services Committee (ESC) on an investigation in terms of section 71 of the LRA as to whether the manufacture, production, supply and distribution of steel should be designated as an essential service.  

Multichoice

Cliffe Dekker Hofmeyr is representing Multichoice, the leading South Africa-based company which operates satellite television services.  Our South Africa-based employment team advised Multichoice on numerous incapacity hearings in respect of employees refusing vaccination.  Many of these employees have referred their dismissals to the CCMA and we are currently representing Multichoice at the CCMA in these matters.  We are applying to have these matters consolidated and heard at the Labour Court.  We are also assisting Multichoice with opposing the review application for one matter taken on by the Labour Court.

Kwa Zulu Natal Growth Fund Trust (the Trust)

Cliffe Dekker Hofmeyr is representing the Kwa Zulu Natal Growth Fund Trust, the leading South Africa-based public-private partnership venture to finance medium to large private sector projects.  Our South Africa-based employment team was instructed to convene an internal disciplinary hearing on behalf of the Trust regarding alleged misconduct perpetuated by a senior employee, namely the Trust's former Acting CEO and current Chief Risk Officer.  

University of Cape Town (UCT)

Cliffe Dekker Hofmeyr is representing UCT, the leading South Africa-based public university.  Our South Africa-based employment team is advising the chairperson of the UCT Board in relation to allegations regarding her continued occupation as the chairperson of the university.  Our work on this matter follows a trend which is developing in South Africa regarding the removal of chairpersons and vice-chairpersons of tertiary institutions.  

PayGo Energy

CDH Kenya represented PayGo Energy, the leading Kenya-based distribution service which is developing smart metering systems that enable customers to pre-pay for clean cooking gas.  Our Kenya-based employment team advised PayGo on the termination of a senior employee.  

Murray & Roberts

CDH Kenya represented Murray & Roberts, the leading Ghana-based company which offers building, industrial civil construction, multi-disciplinary engineering, procurement, operations, maintenance and equipment supply services to the mining & minerals and power generation sectors, as well as to Government and private sector clients.  Our Kenya-based employment team advised Murray & Roberts on the amount payable to a senior employee with respect to a redundancy.

Stitch Money

CDH Kenya represented Stitch Money, the leading South Africa-based fintech company.  Our Kenya-based employment team advised Stitch Money on the on-boarding of independent contractors in Kenya and Nigeria.  Few teams have the necessary depth of expertise to lead work on such matters for clients both in Kenya and in a cross-border context.  This is a key skill set for clients and a source of high-end work flows for our firm.

Shara

CDH Kenya represented Shara, the leading US-based developer of community-driven finance software solutions.  Our Kenya-based employment team advised Shara on independent contractor contracts.  Here we highlight the broad range of industry segments in relation to which our team is regularly called to advise on employment matters, including in a cross-border context.

KOKO Networks

CDH Kenya represented KOKO Networks, the leading Kenya-based venture-backed technology company.  Our Kenya-based employment team assisted KOKO Networks with the review of employment contract and job advertisements for a senior employee.  

MTN Business Kenya

CDH Kenya represented MTN, the leading Kenya-based technology company.  Our Kenya-based employment team assisted MTN with a restructuring and carrying out redundancies within the Kenya office.  Our work for MTN here is a further clear confirmation of our status as go-to counsel for clients in sophisticated employment matters, here involving a significant restructuring component.

Market recognition

Our Employment Law team is externally praised for its depth of resources, capabilities and experience.

  • Chambers Global 2014–2024 ranked our Employment Law practice in Band 2 for employment.
  • The Legal 500 EMEA 2020–2023 recommended the South African practice in Tier 1, and our Kenyan practice in Tier 3 for employment.

Market recognition

Our Employment Law team is externally praised for its depth of resources, capabilities and experience.

  • Chambers Global 2014–2024 ranked our Employment Law practice in Band 2 for employment.
  • The Legal 500 EMEA 2020–2023 recommended the South African practice in Tier 1, and our Kenyan practice in Tier 3 for employment.

Happy Clients

Chambers Global 2023

"The team at Cliffe Dekker Hofmeyr has amazing foundations in its learnings in employment and labour law, which have enabled it to always give clients in-depth advice on each matter it advises on."

Chambers Global 2023
Chambers Global 2023

"The lawyers understand the dynamics of the industry we are operating in and provide solutions accordingly."

Chambers Global 2023
Chambers Global 2023

"The lawyers understand the dynamics of the industry we are operating in and provide solutions accordingly."

Chambers Global 2023
Chambers Global 2023

"Their advice is always clear and well rounded."

Chambers Global 2023