Frequently asked questions

• What issues can a labour lawyer help with in South Africa?

  Labour lawyers assist with a range of workplace-related issues including employment contracts, dismissals, workplace discrimination, wage disputes, and grievances. They can represent clients in negotiations, disciplinary hearings, and at the Commission for Conciliation, Mediation and Arbitration (CCMA), as well as in Labour Court proceedings.

• What should I consider before hiring a labour lawyer from the perspective of an employer?

  Employers should look for a labour lawyer with experience in corporate labor law and a deep understanding of the specific challenges businesses face. It’s important to evaluate their familiarity with crafting employment policies, handling collective bargaining issues, and defending against wrongful termination or discrimination claims. Employers might also value a lawyer who can provide proactive compliance audits and training to prevent future legal issues.

• What should I consider before hiring a labour lawyer from the perspective of an employee?

  Employees should seek a lawyer who has a strong track record of advocating for workers' rights. Key considerations include the lawyer’s experience with cases similar to yours, their approach to handling disputes against employers, and their ability to negotiate severance or settlements. It's also crucial that they can explain your rights and options clearly, helping you understand the best course of action for your situation.

• How are fees structured for labour lawyers in South Africa?

  The fee structure can vary depending on the lawyer’s practice and the complexity of the case. Labour lawyers may charge an hourly rate, a flat fee for specific services, or on a contingency basis (a percentage of the settlement or award). Initial consultations might be free or offered at a reduced rate. Discussing the fee structure upfront can help avoid misunderstandings and ensure transparency.