Labour Law

Overview

MP & Associates Attorneys & Mediators provides expert Labour Law representation and advisory services for both employees and employers. With extensive experience in workplace disputes, employment contracts, CCMA matters, disciplinary processes, and Labour Court litigation, we provide clear, practical, and results-driven solutions for all employment-related issues.

We understand the complexities of South African labour legislation, including the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, and related regulations. Our services are tailored to ensure legal compliance, protect rights, and resolve disputes efficiently through negotiation, mediation, or litigation.

Who This Service Is For

• Employees facing unfair treatment or dismissal

• Employers needing compliance or legal guidance

• HR departments requiring legal support

• Staff involved in workplace disputes or grievances

• Companies drafting or reviewing employment policies and procedures

• Individuals involved in CCMA or Labour Court proceedings

Core Labour Law Services (Detailed)

1. Unfair Dismissals & Constructive Dismissals

We represent clients in disputes involving:

• Unfair dismissal

• Constructive dismissal (forced resignation due to intolerable conditions)

• Procedurally unfair dismissals

• Substantively unfair dismissals

• Automatically unfair dismissals (e.g., discrimination, whistleblowing)

Our services include:

• Case assessment and strategy

• Drafting referral documents

• Representing clients at CCMA or bargaining councils

• Labour Court litigation

• Negotiating settlement agreements

2. Retrenchments & Restructuring

We assist companies and employees during the Section 189 process.

For employers:

• Planning lawful restructuring

• Providing compliant procedures and documentation

• Managing consultations with employees or unions

• Risk assessment to avoid unfair dismissal claims

For employees:

• Ensuring fair selection criteria

• Challenging unfair retrenchments

• Negotiating severance and compensation

3. Unfair Labour Practices

We assist in cases involving:

• Demotions

• Suspensions

• Unfair disciplinary action

• Promotion disputes

• Performance management disputes

• Benefits disputes

• Changes to terms and conditions of employment

We represent clients at CCMA, bargaining councils, and the Labour Court.

4. Workplace Discrimination & Harassment

We handle cases related to:

• Gender discrimination

• Sexual harassment

• Racial harassment

• Bullying and intimidation

• Hostile work environments

• Protected disclosures (whistleblowing)

We ensure that victims receive protection and fair treatment under the Employment Equity Act and other legislation.

5. Drafting & Reviewing Employment Contracts

We prepare and review:

• Permanent employment contracts

• Fixed-term and temporary contracts

• Independent contractor agreements

• Restraint of trade clauses

• Confidentiality and non-disclosure agreements

• Executive employment contracts

Our contracts are designed to protect legal rights, reduce risk, and ensure compliance.

6. Chairing Disciplinary Enquiries

We act as impartial and legally trained chairpersons in all types of disciplinary hearings.

Services include:

• Conducting the enquiry

• Evaluating evidence

• Issuing reasoned findings and sanctions

• Ensuring procedural fairness

• Guiding employers on disciplinary outcomes

This prevents employers from facing procedural challenges at the CCMA.

7. Workplace Investigations

We conduct independent investigations into:

• Misconduct allegations

• Fraud or theft

• Harassment complaints

• Grievances

• Confidential workplace disputes

We compile clear, detailed reports with factual findings and recommended actions.

8. Collective Bargaining & Union Engagement

We assist employers during negotiations with unions regarding:

• Wage disputes

• Working conditions

• Strike action

• Recognition agreements

• Dispute resolution strategies

Our legal support ensures fair and structured negotiations.

9. Restraint of Trade Disputes

We assist employers and employees in:

• Enforcing restraints of trade

• Defending against enforceability

• Advising on reasonable scope of restrictions

• High Court applications for interdicts

This helps protect trade secrets, client relationships, and competitive interests.

10. Reviewing Arbitration Awards

We assist parties wishing to challenge or defend CCMA or bargaining council arbitration awards.

Services include:

• Section 145 Review Applications

• Preparation of court papers

• Labour Court representation

• Opposing review applications

We ensure that unfair, irrational, or procedurally flawed awards are reviewed appropriately.