Employment Law
RW Attorneys’ Employment Law practice is known for providing cost effective, practical solutions, strategic advice and support to employers and employees across all areas of employment law issues and disputes.
Our employment law practitioners are highly respected in this field and are senior practitioners. They assist our clients to manage legal, financial and reputational risks associated with implementing disciplinary recommendations in forensic reports, suspensions, dismissals, industrial action, employee benefits, employment equity and BEE, workplace health and safety, retrenchments and transfer of business matters.
Our work ethic is based on integrity in providing honest, simple solutions and advice based on the principles of fairness endorsed in our Constitution and Labour Relations Act.
Our clients include Boards of directors, Councils, Regulators, Corporates, private and public sector clients.
We partner with our clients to provide holistic advice and training to address areas of concerns in their HR/ER processes which is the foundation for any successful disciplinary process. We keep abreast of all recent developments in employment law and share same with all our clients as a value-add service.
Our experience covers:
How to guide your employees with their Two-Pot Retirement choice
In September 2024, South Africa’s two-pot retirement system officially came into effect, significantly altering how employees access their retirement savings. This reform divides retirement contributions into two parts: a savings pot, which allows limited withdrawals...
The seriousness of mental health in the workplace
Mental health in the workplace is no longer just a wellness initiative, it is a business necessity. Employers who prioritise mental well-being benefit from reduced absenteeism, higher productivity and a more engaged workforce. Conversely, neglecting mental health can...
What employers need to know about the 2025 Employment Equity Act amendments
With the recent amendments to the Employment Equity Act No. 55 of 1998 ("EEA"), which came into effect on 1 January 2025, employers must understand how these changes impact their obligations. The updated legislation introduces significant shifts, particularly in...
Unfair Disciplinary Procedures could cost your company dearly
Disciplinary issues within a company can quickly spiral into major risks if not handled correctly. We have seen a surge in dismissals being set aside due to unfair procedures, resulting in costly financial Cost Orders, damage to brand reputation and significant stress...
Can an employee be dismissed for submitting a fake sick note?
In the recent ruling by the Labour Appeal Court (“LAC”) in the case of Woolworths (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA90/22) [2024] ZALAC 29 (13 June 2024), the intricate problem of submitting a fraudulent Medical...
Does a criminal record constitute a valid reason not to employ?
UNFAIR DISCRIMINATION UNDER THE EEA – WHETHER REFUSAL TO EMPLOY BECAUSE OF CRIMINAL HISTORY CONSTITUTE UNFAIR DISCRIMINATION BASED ON ARBITRARY GROUND? The above question confronted the Labour Court seating at Gqeberha in an Urgent Application brought by Mr Elsworth...
Cannabis and ‘zero-tolerance’ policies in the South African Workplace
Introduction: In the case of Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton (Prince)...
Legal implications of holding multiple full-time jobs
Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (JR164/20) [2023] ZALCJHB 319 (3 November 2023) A recent ruling by the Labour Court held that an employee violated her fiduciary duty to her employer by not disclosing her concurrent...
Restraint of Trade in The Context of Contemporary Employment Law
IS IT A BENEFIT TO THE EMPLOYERS AND / OR A BURDEN TO THE EMPLOYEES? INTRODUCTION In a competitive business industry, for an entrepreneurs’ ship to sail in a sea of economic challenges, it is important to protect covenant of confidentiality and proprietary business...
Sexual misconduct in schools
Sexual misconduct in schools, when can an educator’s habit of regularly giving his learners ‘high-fives,’ handshakes, and hugs be said to have crossed the boundaries of Educator and learner relationship? The Labour Court was recently called to adjudicate on the in...