Practice area III
Employment
Advice for employers and employees on the Labour Relations Act, the Basic Conditions of Employment Act and everything in between, from a contract to a CCMA hearing.
South African labour law protects fairness in both the reason for a dismissal and the process followed. Most disputes we see are lost on process, which means most of them could have been avoided with advice at the right time.
We act for employers and for employees. Either way, we tell you honestly where you stand under the Labour Relations Act and the Basic Conditions of Employment Act, and what a realistic outcome looks like.
What we handle
Contracts and policies
Employment contracts, restraints, disciplinary codes and workplace policies that match how your business actually operates.
Disciplinary processes
Advice on charges, chairing or representation at hearings, and making sure the process is fair before a decision is taken.
Dismissals and retrenchments
Misconduct, incapacity and operational requirements dismissals, including the consultation required for retrenchments.
CCMA and bargaining councils
Preparing parties for conciliation, and representing clients at arbitration where legal representation is permitted.
Labour Court
Reviews of arbitration awards, unfair dismissal claims referred to the Labour Court and urgent applications.
How it works
What happens, step by step.
- 01
Initial consultation
We look at the contract, the documents and the steps already taken, and give you our view.
- 02
Strategy
Whether to settle, proceed with a process or defend a referral, with the likely costs of each route.
- 03
Process or representation
We run or support the internal process, or prepare you for the CCMA or bargaining council.
- 04
Outcome and follow-up
Settlement agreements, awards and any review or enforcement steps that follow.
Fees for this work
Contracts and policies are usually done on a fixed quote. Disciplinary matters and disputes are billed hourly against a written estimate, updated if the matter changes.
Who you will work with
Questions
What clients ask us.
Can an attorney represent me at CCMA conciliation?
No. The CCMA rules do not allow legal practitioners to represent parties at conciliation. We prepare you for it beforehand so you know what to expect and what to say.
What about arbitration?
Legal representation is allowed at most arbitrations. For dismissals relating to conduct or capacity it needs the consent of the parties and the commissioner, or the commissioner's decision that representation is reasonable in the circumstances.
How long do I have to refer an unfair dismissal?
An unfair dismissal dispute must be referred to the CCMA or bargaining council within 30 days of the dismissal. Late referrals need condonation, which is not guaranteed.
Book a consultation
Start with 45 minutes and a clear answer.
Choose a time online in four short steps. We confirm within one working day, at our Sandton office or by video call.
Office
6th Floor, 21 Fredman Drive, Sandton, 2196
Telephone
011 568 2140
info@kestrelattorneys.co.za
Monday to Friday, 08:00 to 17:00