Do you need assistance with labour law and employment law services? We provide services related to managing those who work, do work or provide services, and the various relationships required to ensure an efficient and competitive business.

Management’s approach to the ‘world of work’ in South Africa has undergone significant changes over the last two decades. Many agreements, policies, codes, procedures and practices need to be updated. We can help you achieve some specific outcomes.

We can help you grow and avoid legal problems, difficulties, or disputes.

We act for both employers and employees.

Manage employees lawfully and fairly

It is crucial that senior managers treat everyone lawfully and fairly to avoid costly and severe consequences. But more importantly, success means contented and engaged people who perform well and advance the interests of the organisation.

Stipulate how you manage employees lawfully and fairly by asking us to draft documents for you. These should be separate documents.

  • A written code for managers to follow when they handle employees. We call this a Managing Employees Code, but many regard it as a ‘disciplinary code’.
  • Senior managers need to follow different procedures when controlling employees. Do you have effective procedures for ensuring compliance with conduct rules, achieving performance standards and terminating employment?

If you already have disciplinary codes and procedures, you can update them by asking us to review them for you.

Lawfully terminate the employment agreements of employees for reasons based on your operational requirements (retrenchment of employees) by asking us to coach you through the procedure, provide you with the necessary documents and answer your questions.

Operate your organisation sustainably and efficiently by ensuring that you trust employees to comply with conduct rules and have confidence in their ability to maintain performance standards by asking us to coach you through the process, provide you with the necessary documents and answer your questions.

Dismiss employees lawfully for a valid and fair reason related to wilful serious conduct, including material contractual breaches by asking us to coach you through the procedure, provide you with the necessary documents and answer your questions. For example, where employees steal or are corrupt.

Protect your intellectual property and confidential information by requiring employees to sign an exit letter before they leave by asking us to draft it for you.

Manage employee complaints or grievances properly as part of risk management by asking us to draft a grievance procedure for your organisation.

Record your workplace relationships in personnel contracts

Good relationships with people are promoted when the nature and extent of the relationship is recorded in writing. This ensures everyone is on the same page.

Conclude employment contracts by asking us to draft a new employment contract template (comprising an appointment template and personnel handbook) for you that complies with the latest law and best practice. It is best for us to give you a template that you can use repeatedly for new employees. Are your documents in plain language that accurately set out the rights and responsibilities of the parties?

You probably have a contract that you have been using for years. The law and best good practice are always changing. Check whether your contract is legally sound and up to date. Update your employment contract template by asking us to review it.

Protect your organisation against employees who leave and engage in unlawful competition with you by using your secrets. Ensure contracts contain enforceable restrictions and restraints of trade that comply with the latest court judgments. Do you have valid restrictions and restraints that are enforceable? We can provide you with the correct wording to include in your contracts.

Appoint a director correctly by asking us to draft a letter of appointment for each of them.

Negotiate and conclude collective agreements by asking for our assistance.

Recruit additional people to work, or do work, for you by entering into a contract with a temporary employment service or labour broker.

Appoint an independent contractor by asking us to provide you with a template contract that you can use to sign up independent contractors as and when needed. Manage the tax and labour law issues by asking for our advice.

Other outcomes you can achieve regarding labour and employment law

Other outcomes we can help you achieve in the world of work.

Promote and improve appropriate behaviour by reviewing or updating your personnel policies and procedures by asking us to review or draft them for you. Policies should not form part of the employment contract and so should be separate documents. We have extensive experience in getting them right.

Be up to date with the latest case law and developments by being alerted to recent important judgments by subscribing to GilesFiles or by knowing and learning through attending our legal training.

Comply with the law and your business needs when paying or providing employee benefits, by asking us to analyse and report on your organisational and remuneration structure. Are you ensuring that there is a true value-exchange and that employees are only paid for what they are worth? Have you implemented proportional pay differentials to avoid discrimination? Avoid unfair labour practices by asking us to promote employment equity and issues regarding equal pay for equal work. Have you structured your organisation correctly by creating the necessary seven decision-making levels as required by the Employment Equity Act?

Protect the personal data of your employees by joining a Michalsons data protection programme or asking Michalsons to do it for you.

Our experience in labour law, employment law or work law

Graham Giles is one of the most experienced and knowledgeable attorneys who has concentrated on employment and industrial relations since 1981. He has assisted senior management over many years by applying his experience and knowledge and can do the same to meet your specific circumstances. Over the last 35 years, we have gained considerable knowledge and understanding and advised many organisations, large and small, about labour law and employment law.

  • Providing clarity and legal certainty by researching and drafting legal opinions on labour and employment law issues.
  • Empowering our clients by providing easy-to-understand labour and employment agreements, policies, and procedures.
  • Advising clients on the latest laws, including data protection laws and anti-bribery and corruption laws.
  • Reviewing the policies of JSE-listed entities.
  • Empowering and advising senior managers on how to maintain acceptable standards of conduct and performance.
  • Raising awareness about the latest legal developments by creating and developing the GilesFiles website since 2008.
  • Resolving disputes by handling our clients’ alternative dispute resolution processes and investigating employee grievances and potential breaches of standards.
  • Managing risks by providing forensic assistance in identifying potential risks.
  • Resolving employment disputes by representing management and employees in forums such as the CCMA and labour court.
  • Raising awareness by conducting workshops and training for managers on labour and employment law issues.

We have a more comprehensive list of the matters we have worked on that is available on request.

Our clients

Our clients include marketers, retailers, financial institutions, financial advisors, insurers, software companies, health care providers, the media, industry bodies, pension funds, directory providers, directors and senior managers and many others.