Ipfani Makhuvha Attorneys
Litigation Services

Labour Law

Comprehensive advice and representation for both employers and employees on all aspects of labour law, including dismissals, disputes, and compliance with employment legislation.

About Labour Law

Labour law in South Africa is highly protective of workers' rights whilst also requiring employers to manage their businesses effectively. The landscape is governed by key legislation including the Labour Relations Act, which emphasises fair labour practices, and the Basic Conditions of Employment Act, which sets minimum standards for all workers. Whether you are an employee seeking to protect your rights or an employer navigating complex employment issues, we provide strategic advice and representation.

For employees, we assist with unfair dismissal claims, constructive dismissal, discrimination and harassment matters, wage disputes, and severance negotiations. We understand the emotional and financial impact of job loss and work to secure the best possible outcomes, whether through reinstatement, compensation, or negotiated settlements. We represent employees before the Commission for Conciliation, Mediation and Arbitration (CCMA), as well as in the Labour Courts and High Court on review.

For employers, we provide preventative advice to minimise legal risk, including policy development, disciplinary procedures, and compliance with employment equity and skills development requirements. We represent employers in disputes, advising on fair procedures and managing retrenchment processes in compliance with the law. We understand the business context and help employers achieve their objectives whilst respecting workers' rights.

We also advise on sectoral matters governed by sector education and training authorities (SETAs), bargaining council agreements, and industry-specific regulations. From large corporate restructurings to small business employment issues, we have the expertise to guide you through complex labour matters.

Our aim is to foster fair working relationships and resolve disputes efficiently. We explore negotiated solutions wherever possible, understanding that litigation should be a last resort.

Common Matters We Handle

  • Challenging an unfair or constructive dismissal and seeking reinstatement or compensation
  • Negotiating severance packages during business restructuring or retrenchment
  • Defending against discrimination or harassment claims in the workplace
  • Recovering unpaid wages, bonuses, or leave entitlements
  • Developing employment policies and procedures to ensure legal compliance
  • Managing disciplinary proceedings fairly and in accordance with the law

Frequently Asked Questions

A dismissal is unfair if the employer did not have a fair and lawful reason for dismissal, or if the procedure followed was unfair. Fair reasons include misconduct, incapacity (poor performance or illness), and operational requirements (retrenchment). Even with a fair reason, the procedure must be fair, including a hearing where the employee can respond to allegations.
You must act quickly. You have 30 days from dismissal to lodge a claim with the CCMA. We can assist you in drafting the referral and preparing your case. You can claim reinstatement, compensation up to 12 months' remuneration, or both. Time limits are strict, so early legal advice is essential.
A constructive dismissal occurs when an employer makes working conditions so unbearable that an employee is forced to resign. The employer must have intended this outcome or acted recklessly. Examples include serious harassment, failure to pay wages, or dramatic changes to job functions. This is treated similarly to a dismissal and can result in compensation claims.
Yes, but only after fair procedure. The employer must establish that poor performance is the reason and must have attempted to improve performance through support, training, and warnings. A fair hearing must be given where you can respond and propose solutions. Immediate dismissal without procedure is unfair.
During retrenchment, employers must follow a fair procedure including consultation with employees and unions, selection based on objective criteria, and severance packages. You have the right to fair notice and to be consulted about alternatives. We can ensure your employer complies with these requirements and help you negotiate the best severance.
Yes. Employees can claim all unpaid remuneration including wages, bonuses, performance incentives, and accrued leave. Employers cannot rely on company financial difficulty as a defence. We assist in calculating what is owed and pursuing the claim through the CCMA or courts.

Ready to discuss your matter?

Speak with Ipfani Makhuvha about your labour law matter today.

Book a Consultation