South Africa’s labour law framework is arguably more complex than that of most other nations as a result of the country’s political heritage and the emphasis on protecting core employee rights; addressing low skills levels; and advancing equitable representation in the workplace. In this environment, regulatory compliance and effective management of labour and employment issues are of cardinal importance for business.

The Werksmans Employment team has a robust track record in advising the corporate community on all employment, health and safety and pension fund issues, with a special focus on dispute resolution and commercial transactions with an impact on employees. Examples of such transactions are mergers and acquisitions (M&A), the sale of companies or outsourcing arrangements, all of which typically have implications for employee pensions, benefits or conditions of service.

A significant portion of the advisory work undertaken by the team involves advising multinational clients on the appointment and termination of executives; the restructuring of local operations; and the management and resolution of employee related disputes.

Depending on the client’s requirements, the team may be requested to assist with organisational or pension fund restructuring; advise on collective bargaining issues; draft employment contracts and agreements; and help develop and implement fair, commercially viable policies and procedures.

The team’s experience in the area of dispute resolution spans the spectrum of private and statutory forums and mechanisms, including bargaining councils; the Council for Conciliation, Mediation and Arbitration; the civil and labour courts; and the pension funds adjudicator.

EMPLOYMENT SERVICES