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MTHEMBU & CO ATTORNEYS
Practice Area
Advising employers and employees on workplace disputes and compliance.
Labour law in South Africa is primarily governed by the Labour Relations Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997, and the Employment Equity Act 55 of 1998. These statutes establish the framework for the employment relationship, set minimum conditions of employment, and regulate dispute resolution in the workplace.
P A Mthembu Attorneys advises and represents both employers and employees in workplace disputes, disciplinary matters, and compliance issues. The firm's practice covers the full range of labour law matters from advising on employment contracts and workplace policies, to representing clients at the Commission for Conciliation, Mediation and Arbitration (CCMA), bargaining councils, and the Labour Court.
Dismissal disputes — whether for misconduct, incapacity, or operational requirements form a significant part of the firm's labour practice. The firm advises on the substantive fairness (whether there was a valid reason for dismissal) and procedural fairness (whether a fair process was followed) of every matter.
The firm also assists employers with drafting disciplinary codes, employment contracts, and workplace policies that comply with current legislation and protect the employer's interests while respecting employees' rights.
What is an unfair dismissal?
A dismissal is unfair if the employer fails to show that the reason for the dismissal was fair (substantive fairness) or that a fair procedure was followed before the dismissal (procedural fairness), as required by the Labour Relations Act.
How long do I have to refer a dispute to the CCMA?
Unfair dismissal disputes must be referred to the CCMA within 30 days of the date of dismissal. Unfair labour practice disputes must be referred within 90 days.
Can my employer retrench me without notice?
No. Retrenchments must follow the process set out in Section 189 (or Section 189A for large-scale retrenchments) of the Labour Relations Act. This includes a consultation process with affected employees or their representatives.
Does the firm represent employers or employees?
Both. The firm provides advice and representation to employers and employees, depending on the matter. The firm will not act for both parties in the same dispute.
Whether you need representation or want to understand your options, get in touch.
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