Labour Law

HJW’s Employment Law Department advises and supports clients by appearing in all disrepute resolution bodies, the Labour and High Courts as well as the Labour Appeal Court. HJW provides further assistance to clients at private arbitrations.

In addition to the above, HJW advises on and assists clients on the following aspects of Employment Law:

Employment Contracts and Workplace Policies and Procedures

  • Drafting workplace policies and procedures;
  • Drafting, negotiating executive, contracts of employment for permanent employees, Fixed Term Contracts as well as Independent Contractor Agreements.

Disciplinary Proceedings

  • Draft notices to attend a disciplinary hearing;
  • Prepare clients for the prosecution thereof;
  • Represent clients in circumstances where we are permitted to do so;
  • Assist in the preparation of internal appeal procedures.

Incapacity Investigations

  • Performance Management;
  • Draft performance management systems;
  • Creating awareness for mental health in the workplace;
  • Implementing and effecting wellness programs in the workplace.

Restructuring and Retrenchment Proceedings

  • Advice and assistance during a restructuring and retrenchment proceedings;
  • Manage the restructuring and / or retrenchment proceedings;
  • Attend and minute consultations with employees, workplace forums, trade unions;
  • Advise on selection criteria;
  • Consider alternatives to dismissal;
  • Provide assistance in the calculation of severance packages;
  • Draft retrenchment agreements and / or termination letters;
  • Representation at the CCMA, dispute resolution bodies alternatively at the Labour Court.

Transfer of a Business as a Going Concern

  • Draft Due Diligence reports when transferring a business as a going concern;
  • Assist businesses in the valuation of liability in terms of Section 197 of the Labour Relations Act;
  • Provide further assistance to clients in regard to the restructuring of the business after a Section 197 Agreement is concluded.

Training

  • HJW presents seminars and workshops to clients on all aspects and updates on all areas of employment law.

Drafting

  • Drafting of Severance and Settlement Agreements;
  • Drafting of Restraints of Trade and Confidentiality Agreements;
  • Collective Agreements.

Assistance at the CCMA, Dispute Resolution Bodies, Labour and High Court as well as the Labour Appeal Court in the following disputes:

  • Unfair Labour Practices;
  • Organisational Rights;
  • Strikes and Lock outs;

Miscellaneous

  • Assistance with Department of Labour Audits;
  • Assistance in Protected Disclosure Matters;
  • Unfair Discrimination Matters before the Equality Court.

HJW is equipped with a strong team of attorneys to advise on and assist clients on all type of labour law.