078 562 5196 | 011 675 5320 denzil@jjfryer.co.za

Labour Law

Our firm provides a full spectrum of labour law services to businesses. Outsourcing your labour related legal issues is cost effective and consistently delivers the best results for your company, allowing you to focus on your bottom line while we take care of all your labour related issues in compliance with South African labour legislation.

J.J. Fryer – Labour Law

Labour Law For Businesses:

Protect the interests of your business by seeking legal advice before taking any labour related action. The most common mistake employers make is not seeking legal advice before acting, most often with irreversible consequences for the employer.  We provide cost effective advisory and consultant services regarding labour law to ensure compliance with South African labour legislation.

We provide the following labour law services to our business clients:

  • Drafting of Codes of Conduct and internal policies for your business
  • Drafting of social media policies for your company
  • Drafting of employment contracts
  • Retrenchment of employees
  • Dismissal of employees for misconduct or incapacity
  • Disciplinary procedures and disciplinary hearings
  • Chairing of disciplinary hearings

FAQ About Labour Law

Can we retrench employees to keep our business profitable?

South African labour legislation does allow for dismissal of employees for operational requirements. This means that it is permissible to retrench employees provided that the provisions of South African labour legislation are adhered to.

It may be the case that your business needs to be restructured in order to maximise profit and streamline expenses. It need not be the case that your business is in financial difficulty before you may retrench employees.

If your business has lost a major client or demand for your product or services has declined for any reason, you may find that your current staff compliment is too large to continue to be sustainable.

However, before embarking on any kind of restructuring program that requires employees to be retrenched, it is important to seek legal advice before taking any steps in the process. This is necessary to ensure compliance with South African labour legislation.

The most common and costly mistake that businesses make is to take action to retrench employees and only later seek advice. By this stage it is too late, and the company’s actions will likely not be in compliance with the law.

South African labour legislation has been designed to consider fairness for both the employee and the employer in the employment relationship. It is therefore imperative that the provisions of the legislation be followed to ensure a fair outcome for both the employer and the employee if retrenchments are being considered.

Is it necessary for my business to have a code of conduct?

The Labour Relations Act requires that employers’ actions are substantively and procedurally fair. A well drafted code of conduct is a vital in order to establish what is expected from employees in terms of satisfactory conduct and work performance.

A well drafted code of conduct will clearly set out standards that must be adhered to and procedures that must be followed by both the employers and employees.  This is particularly important in the event of a dispute or disciplinary action.

Although for a business to have a code of conduct in place is not a mandatory requirement, it is practically impossible to comply with our labour legislation without one.

Schedule a consultation with our Labour Lawyers.