Labour Law in South Africa
At Witz Inc. we provide specialist legal advice and representation in Labour Law matters. Our expert Labour Law team specialises in every aspect of Labour Law, ranging from the formulation of corporate policies, assisting in disciplinary actions, chairing disciplinary proceedings and procedures to Labour Law litigation and in Occupational Health and Safety implementation systems and assisting in accident investigations.
South Africa’s constitution enshrines a number of fundamental and very important rights in terms of Labour and Occupational Health and Safety Law, and although these rights are generally easily understood in principle, their application in the broader marketplace – particularly in terms of disputes and specific interpretation within different contexts – requires the intervention of skilled labour law experts.
– and the full range of Labour Law requirements across various industries and situations. If you’re in need of sound legal advice relating to Labour Law or occupational health and safety matters, please contact us today.
These Basic Constitutional Rights Address Issues Which Include
- Freedom of association
- The right to fair labour practices
- The right to form or join a labour union and participate in union activities, including legal strikes
- The right to form or join an employers’ association, and participate in such activities
- The right to engage in collective bargaining
It is within the framework of the Basic Conditions Of Employment Act (1997) and the Labour Relations Act (1995) that employers are tasked with implementing fair labour practices, and these obligations extend beyond this to matters like Employment Equity and B-BBEE compliance, the implementation and monitoring of Human Resource policies, and ensuring that correct disciplinary procedures are adhered to. It is also vitally important that issues like retrenchments, personnel redeployments, changes to corporate structure, and mergers and acquisitions are handled correctly to avoid needless disputes and potentially costly breaches of Labour Law.
Good Labour Law practice also includes corporate responsibility for skills development and adherence to the Occupational Health and Safety Act, among others.
Expert Labour Law Assistance and Representation
Our highly experienced Labour Law team specialises in providing expert advice and representation in all Labour Law-related matters, at every level. Whether you are an employer in need of advice or representation regarding a claim or action brought against your company, or an employee who wishes to take legal action based on unfair labour practice or a similar matter, we can assist you.
- Advising clients with, and chairing of, disciplinary inquiries and related processes
- Representation at the CCMA Committee for Conciliation
- Mediation and Arbitration
- Representation at Bargaining Councils and litigation at Labour Courts
- The right to engage in collective bargaining
- Trade Union engagement on behalf of corporate clients
- Formulation and verification of Human Resource policies and procedures
- The right to engage in collective bargaining
- Audits and management of Labour Law-related functions
- Restructuring of companies, mergers and acquisitions, and retrenchments
- Facilitation of transfers of employment
- Employment Equity and B-BBEE
Based in Rosebank, Johannesburg, our expert labour law department at Witz Inc. is positioned to provide counsel and representation to clients seeking assistance with labour law matters at every level.
Attorney Zaheer O'Brien
Zaheer was recently admitted as an attorney of the High Court of South Africa. Zaheer joined Witz Inc. during October 2019 after ceding his articles (as it then was) from a well-known law firm in the friendly city of Gqeberha.
Prior to commencing articles, Zaheer spent a year as a Teaching and Research Assistant at Nelson Mandela University where he would present lectures to law students. Zaheer gained immense experience in Labour Law and General Litigation during the early stages of his articles. Seeking a bigger challenge, Zaheer ceded his articles to Witz Inc., bringing his friendliness along to Johannesburg.
Zaheer now works in the Criminal and Litigation Department under the guidance of Daniel Witz, assisting on the many high profile cases he handles. You might have seen Zaheer on the news or at the Commission of Inquiry in State Capture.
Zaheer is passionate about helping people, the law and business and strives to create good relationships with everyone he meets along his journey.
Occupational Health and Safety Act and Regulations
The incorporation of health and safety legislation into corporate regulations can be challenging, and without expert legal advice or oversight, errors or omissions can have serious consequences for any company, including litigation and the imposition of financial penalties.
When it is necessary for a company to examine a claim pertaining to occupational health and safety, appeal against a decision imposed by an OHS inspector, or comply with an order of Court, obtaining expert legal advice or representation ensures that losses are minimised and that operational disruptions are minimised – in addition to ensuring that events like these are properly managed.
Our team of qualified and experienced attorneys at Witz Inc. is equipped to provide advice and assistance to ensure that your company is fully OHS-compliant, to assist with the implementation of statutory requirements, and to represent your company in the event of disputes, claims, or litigation.
