Employment Contracts

Members of the labour and employment team work closely with you and your business to ensure that no matter what industry you work in, we can quickly handle any labour related challenges.

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Our team provides specialised and expert legal support to employees. We offer best-practice advice on the resolution of labour related disputes that arise around dismissal, retrenchments and labour practices. We advise employees on contracts of employment and matters relating to employer-employee interactions and disputes.

 

The contract of employment governs wages, benefits and working conditions and is the foundation of the relationship between an employee and his employer. Absence of a written contract by the first day of employment is not only in violation of The Basic Conditions of Employment Act but could also severely compromise an employer’s position in a labour dispute. The most effective contract of employment will satisfy both employer and employee while fulfilling its requirements under the law.

 

An employment contract should enable the employer to derive the best benefit from its workers while ensuring those workers are sufficiently rewarded and their rights protected. Myers possess the necessary skills to determine a balance that will keep both sides satisfied over time and retain a flexibility that will support the organization’s growth in the future.

 

We will assist you with employment contracts, including:

• Executive, standard, fixed term and temporary employment agreements

• Restraint of trade and confidentiality agreements

• Independent contractor agreements and letters of employment

 

Dispute Resolution

We are labour law specialists and are able to, in addition to Labour Court representation, provide guidance and valuable advice to both employers and employees faced with labour disputes.

 

We represent the interests of both employee and employer in all areas of labour law disputes including:

• All aspects of unfair dismissal disputes (including dismissals in respect of misconduct, poor work

• performance, incapacity and operational requirements)

• Retrenchments (including large scale retrenchments)

• Prosecuting and defending breach of restraint of trade undertakings, unlawful competition and confidentiality provisions

• Discrimination in the workplace

• Unfair labour practices

• Collective labour issues and collective labour bargaining

• Preliminary advices on strikes and lock outs

• Negotiations with union representatives

• Negotiations of disputes between executives at board level and between shareholders and the executives as well as managing the risks and exposure in relation thereto

• Assisting an employer with enforcing disciplinary procedures within a company or business including the conduct of disciplinary enquiries and arbitrations as well as chairing disciplinary hearings

• Defending or instituting claims in the CCMA as well as certain Bargaining Councils

• Running labour court trials as well as defending or instituting appeals.