Labour Law
Labour Law in the Public Sector at National, Provincial and Local Government Sphere
The Firm has an outstanding record in Labour Law matters, in particular across the entire Public Sector at National, Provincial and Local Government spheres. Over the many years of existence, the Firm has successfully dealt with labour disputes relating to misconduct dismissals, operational requirements and retrenchment dismissals and industrial and strike action disputes, at High Court, Labour Court, Public Service Bargaining Council, other Bargaining Councils and CCMA level.
A significant part of the professional services rendered by the Firm relates to labour and employment law, representing employers. When misconduct dismissals of senior management staff are effected in any big enterprise, whether public or commercial it is crucial that disciplinary proceedings are dealt with speedily and successfully both from a substantive and a procedural perspective as any subsequent finding against an employer in the Labour Court not only has substantial financial but also staff morale implications.
In respect of misconduct and incapacity matters, we attend to all aspects ranging from the forensic investigation of alleged misconduct, drafting charge sheets, arranging and preparing witnesses, sourcing and appointing expert witnesses, sourcing and advising on appointment of appropriate chairpersons, attendance to keeping of comprehensive records, to finalisation of disciplinary hearings.
We further attend to all dispute resolution mechanisms including attendance at the Bargaining Councils, CCMA, Labour Court and Labour Appeal Court.
The firm has been extensively involved in investigations in the Local Government sphere relating to misconduct in terms of the Local Government: Municipal Finance Management Act, with particular emphasis on the investigation of:
The professional staff of the Firm has been involved in litigation matters in the following types of disputes:
- Irregular expenditure;
- Fruitless and Wasteful expenditure;
- Unauthorized expenditure; and
- Over-spending;
The following list of relevant projects reflects our expertise and extensive experience in respect of this area of legal services:
Relevant Projects
Bojanala Platinum District Municipality – Labour Law matters
Cederberg Municipality – Labour Law matters
City Council of Mafikeng – Salary and Placement disputes
Department of Education Nort West – Labour Law matters
Department of Health North West – Labour Law mattes
Department of Home Affairs – Handling of more than 100 disciplinary matters
Department of Public Safety and Transport Management North West – Various disciplinary matters
Department of Roads and Public Works Northern Cape – Labour Law matters
Department of Rural Development and Land Reform – Investigation and dismissal of Director-General, disciplinary proceedings and High Court Urgent Application, Bargaining Council, Labour Court and Labour Appeal Court proceedings
Dr Ruth Segomotsi Mompati Local Municipality – Drafting of legal opinion and Item to Council in respect of allegations of misconduct against the Municipal Manager
Emalahleni Local Municipality – Dismissal of Senior Manager Corporate Services as well as various other disciplinary and Labour Law matters
Johannesburg Housing Company – Disciplinary Hearings, Investigations, Labour Law and CCMA matters
Madibeng Local Municipality – Various disciplinary proceedings
Maquassi Hills Local Municipality – Labour Law matters
Masilonyana Local Municipality – Labour Law matters
Matlosana Local Municipality – Labour Law matters
Merafong City Local Municipality – Dismissal of CFO, Director: Corporate Services and other staff members
Modimolle-Mookgophong Local Municipality – Dismissal of Municipal Manager and CFO, disciplinary proceedings in respect of Section 57 Managers
Mogale City Local Municipality – Dismissal of Deputy Director Community Services and various other disciplinary and labour dispute related hearings and review applications to the Labour court
Ngaka Modiri Molema District Municipality – Dismissal of CFO and various other disciplinary procedures
Ngqushwa Local Municipality – Disciplinary hearing of Director: Technical Services, Presiding of Disciplinary hearing of Manager: Roads and Stormwater, SALGBC and Labour Court Review of Electrical Manager
North West Development Corporation – Disciplinary hearings, Legal Opinions, CCMA and Labour Court Applications
North West Gambling Board – CCMA
Property Practitioners’ Authority of South Africa (PPRA) – Advising Board on suspension and disciplinary matters including dismissal of GCEO
Rand West City Local Municipality – Labour Law matters
South African Airways – Labour law matters
The Passenger Rail Agency of South Africa – Disciplinary hearings, CCMA, The Arbitration Foundation of South Africa, High Court, Labour Court and Labour Appeal Court Applications
Trusted Legal Experts in Public Administrative and Commercial Law
A specialist law firm with decades of experience providing litigation and advisory services across the National, Provincial and Local Government sectors.