Labour Law
The radical overhaul of South Africa labour statutes with the advent of democracy ushered in the critically acclaimed ‘new’ Labour Relations Act. The Basic Conditions of Employment Act, the Occupational Health and Safety Act, and the Compensation for Occupational Injuries and Diseases Act, amongst others, were also amended to give effect to the Constitutional right to fair labour practices, and to align with the principles underpinning our democratic dispensation. The Employment Equity Act, a new introduction to post-apartheid South Africa, is hailed as amongst the most progressive in the world, promoting as it does transformation and equity in the workplace, and providing protection against discrimination. Also new to the suite of laws, the Skills Development Actaims to expand the knowledge and competencies of the labour force in order to improve productivity and employment, the quality of life of workers and their prospects of work.
Thulamela’s members proudly offer a wealth of experience in litigation and advice in relation to all of these statutes. Its labour Counsel can provide assistance, across the entire breadth of the South African Labour Law landscape, to individuals, small businesses, large corporate firms and government.
Our members have acted in cases at all levels of the field, from legal representation at disciplinary enquiries, the CCMA, Bargaining Councils, private arbitration, the Labour and Labour Appeal Courts, as well as the High Court and the Supreme Court of Appeal, and the Constitutional Court.
Our members are also in demand in the conducting of internal investigations, audits, grievance and disciplinary investigations, making submissions on legislation, as well as the chairing of disciplinary hearings with impartiality and specialist expertise.
They can provide advice and representation on all matters labour-related, including: employment contracts; unfair labour practices; unfair discrimination; affirmative action; discipline; dismissals for misconduct, incapacity and operational requirements; transfers arising out of mergers and acquisitions; as well as collective bargaining, and industrial action including strikes and lockouts.