Employment Law

Employment law has become increasingly complex with greater legislative intervention. Keeping abreast of changes in legislation is demanding and non-compliance with legal obligations can be costly financially and can have a negative impact on employer-employee relations. Our team has extensive experience and expertise in all contentious and non-contentious areas of employment law.

Areas of specialisation include:

Dispute Resolution

We appear in all employment related forums such as the Labour Inspector's Office and Court. These include arbitrations, actions in regard to dismissals, alleged unfair labour practices and disputes about payments flowing from contracts of employment. Our team is highly experienced in litigating claims arising from all forms of discrimination, breach of contract and alleged unfair dismissal claims referred to the Labour Inspector's Office and Courts arising generally out of the employment relationship.

Consultation

We give advice and opinions on a wide range of non-litigious employment law matters and commercial matters with employment law implications. We advise clients on corporate restructuring exercises and manage the entire restructuring process, draft all notices and documents, consult with the employees or their representatives, scrutinise minutes from consultation meetings, advise on the appropriate selection criteria to apply when selecting retrenchees and formulate severance packages and draft retrenchment agreements.
We advise on disciplinary proceedings, assist in preparing for the disciplinary hearing and, when permissible, represent our clients at the hearing. We advise on issues surrounding the transfer of a business as a going concern, the valuation and apportionment of liability, and the restructuring of newly formed joint venture, merged entity or service provider following transfer. We give advice on the impact of a merger on employees and assist in the consultative process with employees and their representatives.
We advise clients on their obligations such as leave, leave pay, sick leave and overtime.

Drafting

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

  • Contracts of employment for executives, managers at all levels, permanent employees and employees employed for a fixed term or specific task;
  • Collective agreements at all bargaining levels;
  • Severance and settlement agreements,
  • Independent contractor agreements; and
  • Disciplinary and grievance regulations and procedures, warnings and dismissal notices.