Employment Law & Benefits
Protect Your Workplace & Your Rights with Expert Labour Law Guidance.
About our Employment Law & Benefits
We are a leading authority in the Employment Law sphere, renowned for our expertise in both advising employers and representing employees. With a wealth of experience in all aspects of employment law, we have successfully handled thousands of labour matters and have many reported cases across the CCMA, Labour Court, Labour Appeal Court, and Constitutional Court. We are deeply passionate about employment law and pride ourselves on being at the forefront of legal developments in this ever-evolving area.
Whether you are an employer seeking guidance on workforce management, or an employee needing expert legal representation, our team offers high-level, practical legal solutions that are tailored to your needs,
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Enquire today about our Employment Law & Benefits
Employment Law Services for Employers
For employers, navigating the complexities of employment law is essential to managing your workforce effectively and mitigating legal risks. At Ebersohns, we provide expert legal services designed to help employers in observing and complying with the relevant employment related – laws whilst fostering a productive and respectful working environment geared towards meeting their business goals.
What We Offer to Employers
Employment Agreements and Workplace Policies
We assist employers in drafting, reviewing, and negotiating employment contracts and policies that are legally sound and tailored to their specific industries and business needs. Our solutions protect and advance our client’s business interests whilst ensuring that employee rights and obligations are clearly defined and observed.
Employee Benefits and Remuneration Structures
We guide employers on structuring employee benefits packages, including salary benchmarking, pension, medical aid and other remuneration benefits. Our tailored solutions aligns our clients’ benefit schemes and structures to their employee value propositions and give them the competitive edge in talent acquisition and retention whilst ensuring that benefits and schemes are structured in a tax efficient and legally sound manner.
Retrenchments and restructuring
- We provide legal counsel on the retrenchment process, helping employers navigate the requirements of the Labour Relations Act and Basic Conditions of Employment Act. We ensure that all aspects of the process, including fairness, consultation, and proper documentation, are adhered to, reducing the risk of potential legal disputes.
- For both normal and large-scale retrenchments, we assist employers in designing a strategy that meets legal requirements while aligning with the organization’s financial and operational goals. We guide clients through the complexities of identifying redundancies, determining the criteria for selection, and ensuring that the business complies with severance pay and other statutory obligations.
- Engaging with employees during the retrenchment process is essential for maintaining transparency and trust. We assist employers in conducting the required consultations with affected employees, outlining the reasons for retrenchment, exploring alternatives to dismissal, and considering the potential for redeployment. Our approach ensures that the process is handled fairly and in compliance with the LRA to mitigate disputes with employees.
- Effective communication with all relevant stakeholders is crucial. We advise employers on how to engage with trade unions, employee representatives, and other stakeholders to ensure that their concerns are addressed. We help facilitate communication and negotiations to minimise disruptions and avoid potential conflicts, ensuring that the company remains compliant and in control of the process.
- We assist employers in determining appropriate severance packages for affected employees, ensuring compliance with statutory requirements and any contractual obligations. Our team provides advice on calculating severance pay, accrued leave, and other entitlements to ensure a fair and legally sound outcome.
- In the event of any disputes, we offer expert representation in negotiations or litigation, whether at the CCMA and Labour Court.
Workplace Disputes and Litigation
As seasoned litigators, we represent employers in workplace disputes, including unfair dismissal, disciplinary action, discrimination, unfair labour practices and constructive dismissal claims.
Disciplinary and Grievance Procedures
We help employers navigate disciplinary proceedings and grievance procedures with an approach that is firmly focused on fairness and transparency, helping them to manage employee conduct while minimising the risk of disputes and ensuring business continuity.
Labour Disputes and Collective Bargaining
For employers involved in highly unionised sectors and collective bargaining, we offer expert representation in negotiations with employees and trade unions to ensure mutually beneficial and operationally sound solutions.
Workplace Compliance and Health & Safety
Our team provides guidance on health and safety regulations, ensuring that businesses comply with workplace safety regulations and keep their employees protected and out of harm’s way. We also advise on change management, and assist clients by providing training and in creating a culture of compliance and responsibility within your organization.
Restructuring, Redundancies, and Retrenchments
We provide legal expertise during corporate restructuring, assisting with layoffs, retrenchments, and redundancy processes. Our guidance ensures compliance with labour laws, safeguarding your business against potential claims for unfair dismissal.
Employee Training and Development
We support employers in creating training and development programs that meet both business goals and labour law requirements. We help your business foster growth while ensuring compliance with skills development regulations.
Outsourcing Agreements
We assist businesses in negotiating, drafting, and reviewing outsourcing contracts that are practical and legally sound.
Transfer of Employees
We advise both employers and employees on the legal implications of the transfer of employees as part of a sale as a going concern as contemplated in Section 197 of the Labour Relations Act.
Our Employment Law Services for Employees
At Ebersohns, we are equally passionate about defending employee rights and ensuring that individuals are treated fairly and with respect in the workplace. We provide a full spectrum of Employment Law services and legal representation for employees in various areas, disciplinary hearings, enquiries, private arbitrations, unfair dismissal disputes, discrimination, unfair labour practices, retrenchments, discrimination and constructive dismissal.
What We Offer to Employees
Employment Contracts and Rights
We offer assistance in reviewing and negotiating employment contracts to ensure that employees’ rights are protected. We provide clear guidance on their terms of employment including reviewing and advising on restraints of trade provisions etc.
Unfair Dismissal and Disciplinary Action
We represent employees in disputes involving automatic unfair dismissals, unfair dismissals, disciplinary hearings, constructive dismissals and reinstatement claims. We have represented employees in Labour Court and Labour Appeal Court and the Constitutional Court with many of our cases setting legal precedents.
Workplace Discrimination and Harassment
We offer guidance and representation to employees facing such issues, ensuring that their grievances are heard, addressed fairly, and resolved efficiently.
Employee Benefits and Retirement Planning
We help employees understand their entitlement to benefits, including pension plans, medical aid, and other retirement benefits. Our team ensures that employees are not deprived of their rightful entitlements under employment law and advise on sound investment of severance and pension payouts.
Retrenchment and Severance Pay
If you are facing retrenchment, we provide comprehensive legal advice on your entitlement to severance pay, ensuring that your rights are protected throughout the process.
Occupational Health and Safety
We help employees address workplace injuries and unsafe working conditions, ensuring that employers meet their obligations under health and safety laws and that employees are compensated appropriately for any injuries sustained.
Transfer of Employees
We advise both employers and employees on the legal implications of the transfer of employees as part of a sale as a going concern as contemplated in Section 197 of the Labour Relations Act.
Our Strategic Advantage
Leading Authority
We are a leading authority in the Employment Law sphere, with a long history of successful cases in the CCMA, Labour Court, Labour Appeal Court and Constitutional Court. Our reputation in the field speaks to our more than 20 years of experience, our sector specific knowledge, deep expertise and track record of legal excellence.
Tailored Legal Solutions
Whether you are an employer seeking to mitigate legal risks or an employee asserting your rights, we provide tailored legal solutions that address your specific needs and goals. Our comprehensive and detail – orientated approach ensures that every aspect of employment law is taken into consideration in advising and representing our clients.
Passion for Employment Law
We are passionate about employment law and are dedicated to advocating for fairness and justice in the workplace. We consistently strive to make a positive impact for both employers and employees through strategic legal counsel and litigation.
Expert Representation and Client-Centric Approach
We work tirelessly to ensure our clients receive expert legal representation, providing compassionate and effective solutions. Whether in litigation or advisory services, we prioritise the best interests of our clients in all legal matters.
Other Labour Law Services
As specialists in labour law, we are available to assist both employers and employees with any issues that may arise in the workplace. We also have extensive experience in acting for trade unions and employers alike. With almost two decades of experience in Labour Law we are qualified to help you resolve any employment law issue that you may encounter, quickly and efficiently and cost effectively.
Unfair Dismissal Disputes
Unfair Labour Practices
Sexual Harassment Matters
Transfer of Business as a Going Concern
Retrenchments, Restructuring & Organisational Development
Acting for Employers at Disciplinary Hearings
Representing Employees in Internal Grievance & Disciplinary Enquiries
Chairing Disciplinary Hearings
Drafting Notices to Attend a Disciplinary Hearing
Representing Employees at Incapacity Hearings
Protect Your Workplace & Your Rights with Expert Labour Law Guidance
Whether you’re an employer or an employee, navigating labour law can be complex. Ebersöhns Attorneys is here to provide expert legal support, ensuring fairness, compliance, and the best possible outcomes.
Learn more about Labour Law
Dismissal
Dismissal occurs where the employer terminates the employee’s services, either immediately or with notice.
Every employee has the right not to be unfairly dismissed and therefore the employer is obliged to ensure that any dismissal is substantively and procedurally fair. The term “substantively fair” refers to whether the employer had a fair reason to dismiss the employee. The term “procedurally fair” refers to whether the employer followed a fair procedure in dismissing the employee.
Generally speaking, the Labour Relations Act and the Labour Courts recognise the following reasons for which an employer can dismiss an employee: misconduct, medical incapacity, poor work performance and incompatibility.
Misconduct refers to where the employee committed some or other act which “offends” his employer. Examples of misconduct are insubordination (i.e. the refusal to comply with a reasonable and lawful instruction from the employer), being late for work, and sexually harassing another employee. Normally the employer’s disciplinary code will contain a list of offences which are viewed as misconduct. However, it must be noted that just because something is not listed in the disciplinary code, does not mean that it does not constitute misconduct. For example, assaulting a fellow-employee or stealing from your employer obviously constitutes misconduct.
Poor work performance refers to the instance where the employee’s performance is not up to standard. An example is where a motor vehicle sales person fails to achieve his monthly sales target, yet his fellow-employees, having the same resources and same opportunities, are able to achieve the same target.
Incompatibility refers to those employees, many times in managerial positions, who simply cannot get along with their fellow-employees, often making the lives of the other employees miserable.
Normally, for a dismissal to be procedurally fair, the employer must notify the employee in writing of the allegations against him / her, the employee must be afforded a reasonable opportunity to prepare for the disciplinary hearing, and the disciplinary proceedings must be chaired by someone who can give an objective decision on whether the employee is guilty of the alleged misconduct and, if so, what the appropriate (fair) sanction is.
If an employee is dismissed for either misconduct, poor work performance or incompatibility, the employee may refer a dispute to the CCMA (or the relevant bargaining council) within 30 days of being dismissed, either seeking reinstatement or compensation.
Constructive Dismissal
Sometimes an employer makes an employee’s live at work “hell” (for example by continuously swearing and shouting at the employee or continuously belittling the employee) and eventually the employee resigns because he / she can no longer take it.
These instances are referred to as “constructive dismissal”, although the employer did not “dismiss” the employee. A constructive dismissal is nothing but a “forced resignation”. Under these circumstances, an employee may refer a dispute to the CCMA (or relevant bargaining council) and seek compensation from the employer.
Retrenchment
Retrenchment refers to the instances where an employer normally wants to reduce the size of his workforce due to poor economic circumstances.
As with all dismissals, a retrenchment must be substantively and procedurally fair. The Labour Relations Act stipulates what steps an employer must take if he contemplates the necessity of retrenching one or more employees. The employer must, inter alia, as soon as possible inform the employees of his contemplation of retrenchment and must have meaningful discussions with them, amongst others to see if their retrenchments can be avoided.
Note however that the Court will not tell the employer how to run its business. The employer may have made fatal mistakes in the past in conducting its business (for example expanding too fast), which now necessitates the employer taking drastic steps in order to save its business (or parts of its business). Provided that the employer complies with the provisions of the Labour Relations Act, the employer will be able to retrench staff and save its business.
Unfair Labour Practices
Employees can refer disputes about unfair dismissals, unfair retrenchments as well as unfair labour practices to the CCMA (or relevant bargaining council) for conciliation and arbitration.
The Labour Relations Act defines an unfair labour practice as:
- unfair conduct by the employer relating to promotion, demotion, probation or training or the provision of benefits;
- the unfair suspension (or other unfair disciplinary action short of dismissal) of an employee. Therefore, if an employer for example gives a written warning to the employee and the employee is of the opinion that the employer acted unfairly in giving him / her the written warning, the employee may refer an unfair labour practice dispute to the CCMA (or relevant bargaining council) in order for the latter to “strike out” the written warning – the employee will then once more have a clean disciplinary record;
- a failure or refusal by an employer to re-instate or re-employ a former employee in terms of any agreement – this normally refers to the instance where an employer retrenched an employee and undertook that, if a suitable position became available within say 12 months of the retrenchment, the employer would offer that position to the employee, which the employer then failed to do; and
- when an employer prejudices an employee after he made a protected disclosure in terms of the Protected Disclosures Act 26 of 2000. That is, an employer prejudices (for example demotes) an employee for being a whistle blower.
An employee must refer an unfair labour practice dispute to the CCMA (or relevant bargaining council) within 90 days.
Automatically Unfair Dismissals
Automatically unfair dismissals refer to instances such as when an employer dismisses an employee:
- for participating in a lawfully protected strike;
- for being pregnant;
- as a result of unfair discrimination based on inter alia age, race or gender;
- after a business was transferred from one employer to another employer; and
- after he / she made a protected disclosure (i.e. blew the whistle).
If the Labour Court finds that an employer is guilty of an automatically unfair dismissal, the Court may grant the employee up to 24 months’ compensation (salary), whereas in the case of normal dismissals the maximum compensation is 12 months.