Employee Engagement

We advise clients on the contractual aspects of engaging, moving and rewarding their employees in a way that complies with the applicable regulatory environment. Our specialist services include advising on: 

  • Establishing a local corporate presence (regulatory obligations, registrations)
  • Contractual arrangements (contracts of employment, a-typical employment)
  • Executives (bespoke contractual arrangements, directorships, compensation, tax)
  • Employment equity and business diversity
  • Policy development
  • Benefit schemes (pension, medical insurance, share schemes)
  • Employee mobility (immigration, secondment, cross-border and multi-jurisdictional employment)

Investigations and Employee Risk Management 

We help our clients minimise the risk associated with employment. Our specialist services include advising on: 

  • Offences against the employer (fraud, corruption, theft syndicates)
  • Vicarious liability
  • Governance and regulatory issues (health and safety, data protection, privacy, information technology)
  • Social media
  • Employee assistance (illness, injury, disability)
  • Confidentiality, restraints of trade, unlawful competition and team poaching
  • Discrimination (prohibited grounds, equal pay, recruitment and selection, medical testing, harassment, employment equity and affirmative action)

Business Transfers, Outsourcing and Restructuring 

We regularly advise our clients on the employment consequences of business transfers and assist with restructuring and retrenchment planning. Our specialist services include advising on:

  • Mergers and acquisitions (due diligence, transaction support, change of control provisions, competition law issues)
  • Privatisation
  • Outsourcing exercises
  • Corporate restructuring
  • Strategic retrenchment management
  • Business rescue and insolvency

Industrial Relations 

Collective bargaining presents distinct challenges to employers and their lawyers. Our specialist services include advising on: 

  • Union recognition (emergence of new unions)
  • Collective bargaining (multiple union engagement, tiers of bargaining, negotiation strategy)
  • Strike management (contingency arrangements, court applications, lockouts)
  • Global trade unions (cross-border union campaigns)

Dispute Resolution 

We deal with disputes arising out of the employment relationship, advising and representing parties throughout the processes of mediation, arbitration and litigation. Our specialist services include advising on: 

  • Boardroom conflict
  • Dismissals (executive, mass redundancies)
  • Employment discrimination
  • Unfair labour practices (promotion, demotion, probation, benefits, whistleblowing)
  • Mediation, facilitation and arbitration
  • Urgent court proceedings (strike interdicts, confidentiality and restraints of trade)
  • Appeals and judicial review