WHAT IS LABOUR LAW & EMPLOYEE RELATIONS MANAGEMENT?
Labour Law in South Africa regulates the rights, duties, and relationships between employers, employees, and trade unions. It encompasses every stage of the employment relationship — from recruitment and onboarding, to discipline, retrenchment, and dispute resolution — and is enforced through a robust framework of legislation including the Labour Relations Act, Basic Conditions of Employment Act, and related statutory instruments.
Employee Relations Management focuses on maintaining fair, lawful, and productive interactions within the workplace. It includes the proactive implementation of contracts, workplace policies, disciplinary codes, and compliance systems designed to reduce risk and ensure operational alignment with employment law.
Together, these disciplines are essential to safeguarding the interests of both employers and employees, and maintaining a compliant, high-performing workforce.
OUR LABOUR LAW & EMPLOYEE RELATIONS MANAGEMENT SERVICES
At Ooni & Wadia Inc. we provide strategic labour law advisory and hands-on employee relations support to businesses across a range of sectors. We assist with both preventative and reactive measures — from drafting enforceable contracts to managing disciplinary processes or representing clients in formal dispute forums.
Our services are available on a once-off, project-based, or retainer basis depending on the needs of each organisation. Our areas of expertise include the following:
Employment Contracts & Compliance
- Drafting and review of employment contracts and addenda
- Legal audits of workplace policies and internal procedures
- Implementation of compliant disciplinary codes of conduct
- Development of employee handbooks and regulatory manuals
- POPIA compliance within the employment context
- Advising on employment issues during mergers, acquisitions, and restructuring
Disciplinary & Performance Management
- Guidance on procedural and substantive fairness
- Drafting of warning letters, charges, and hearing notices
- Conducting or chairing disciplinary hearings
- Managing performance reviews and incapacity processes
- Handling cases of misconduct, ill health, and poor work performance
Dispute Resolution & Tribunal Representation
- Drafting and review of employment contracts and addenda
- Legal audits of workplace policies and internal procedures
- Implementation of compliant disciplinary codes of conduct
- Development of employee handbooks and regulatory manuals
- POPIA compliance within the employment context
- Advising on employment issues during mergers, acquisitions, and restructuring
Disciplinary & Performance Management
- Preparation and filing of Labour Court applications where required
- Assistance with conciliation, mediation, and arbitration
- Drafting of responses, heads of argument, and settlement agreements
- Preparation and filing of Labour Court applications where required
Restructuring & Retrenchments
- Section 189 consultations and legal compliance
- Drafting of retrenchment notices and settlement agreements
- Planning of organisational restructures, outsourcing, and role reviews
- Transfer of employment in terms of Section 197 of the LRA
WHAT SETS OUR FIRM APART
Integrated Legal Support - We partner with clients to create and maintain compliant HR frameworks that are aligned with operational objectives and reduce legal risk.
Proactive Risk Mitigation - We help businesses anticipate and avoid costly disputes through preventative measures, clear documentation, and internal training.
Procedural Integrity - Our team ensures that every dismissal, hearing, or workplace investigation is conducted in full compliance with labour law — preserving enforceability and reputational standing.
Strategic Representation - Whether in internal forums, at the CCMA, or before the Labour Court, we act with precision, responsiveness, and a clear understanding of what’s at stake.
Tailored Retainer Options - We offer scalable retainer packages that provide clients with responsive day-to-day labour law support — without the overhead of in-house counsel.
FREQUENTLY ASKED QUESTIONS? (FAQ's)
Our labour law team advises both employers and employees on labour disputes, unfair dismissals, retrenchments, employment equity, and CCMA proceedings. We also assist with HR policy development and disciplinary hearings.
Q: What is the Basic Conditions of Employment Act (BCEA)?
A: It sets minimum employment standards, including working hours, leave, and termination rights for all employees.
Q: What is procedural and substantive fairness in dismissal?
A: Procedural fairness relates to the process followed; substantive fairness relates to the reason. Both must be satisfied for a dismissal to be lawful.
Q: When must a disciplinary hearing be held?
Before any dismissal or serious sanction, unless the employee has absconded or waives the right. A fair hearing includes notice, evidence, and representation.
Q: What are your rights during retrenchment?
A: Section 189 of the Labour Relations Act requires consultation, fair criteria for selection, and possible alternatives before termination.
Q: What is the CCMA and how does it work?
A: The Commission for Conciliation, Mediation and Arbitration (CCMA) resolves disputes through conciliation and arbitration, often within 30 days.
Q: How are working hours regulated?
A: The BCEA limits ordinary working hours to 45 per week and prescribes overtime rules and rest periods.
Q: Are fixed-term contracts allowed?
A: Yes, but if they exceed three months without justification, they may be deemed indefinite under section 198B of the Labour Relations Act.
Q: What is constructive dismissal?
A: Occurs when an employee resigns due to intolerable workplace conditions caused by the employer. Must be proven at the CCMA.
Q: Can you assist with employment equity compliance?
A: Yes. We help draft EE plans, however we do not conduct audits, and prepare for D-G reviews under the Employment Equity Act 55 of 1998.
Q: Do we assist both employers and employees?
A: Yes. Our team represents both parties, tailoring strategies to ensure procedural fairness and statutory compliance.