Areas of Practice
Labour Law Attorneys Cape Town
Protecting the rights of employees and employers across the Western Cape from our Grassy Park and Bellville offices.
South African labour law is a complex and ever-evolving field that affects every workplace. Whether you are an employee facing unfair dismissal or an employer navigating a disciplinary process, VDH Attorneys provides clear, practical advice grounded in the Labour Relations Act and the Basic Conditions of Employment Act. We represent clients at the CCMA, the Labour Court and the Labour Appeal Court.
What We Handle
- Unfair dismissal disputes
- Constructive dismissal
- Retrenchment and restructuring
- CCMA conciliation and arbitration
- Labour Court representation
- Disciplinary hearings
- Grievance procedures
- Employment contracts and policies
- Sexual harassment and discrimination
- Strikes and industrial action
The Labour Relations Act 66 of 1995 (LRA) is the cornerstone of South African employment law. It governs the relationship between employers, employees and trade unions, and sets out the procedures that must be followed before an employee can be dismissed. A dismissal that does not comply with the LRA — whether procedurally or substantively — may be found to be unfair, entitling the employee to reinstatement or compensation.
The Basic Conditions of Employment Act 75 of 1997 (BCEA) sets minimum standards for working hours, leave, remuneration and notice periods. The Employment Equity Act 55 of 1998 prohibits unfair discrimination in the workplace on grounds including race, gender, disability, religion and sexual orientation. Our attorneys advise both employers and employees on compliance with all three statutes.
When a dispute cannot be resolved internally, the Commission for Conciliation, Mediation and Arbitration (CCMA) provides a cost-effective forum for resolving most labour disputes. We prepare and represent clients at every stage of the CCMA process — from the initial referral through conciliation to arbitration — and, where necessary, in the Labour Court and Labour Appeal Court.
Frequently Asked Questions
What is the time limit for referring an unfair dismissal dispute to the CCMA?
An employee must refer an unfair dismissal dispute to the CCMA within 30 days of the date of dismissal, or within 30 days of the employer making a final decision to dismiss. Missing this deadline can result in the dispute being dismissed, so it is important to act quickly.
Can my employer retrench me without following a process?
No. Section 189 of the Labour Relations Act requires an employer to follow a fair procedure before retrenching employees. This includes consulting with affected employees or their representatives, disclosing relevant information, and genuinely considering alternatives to retrenchment. A retrenchment that does not comply with this process may be found to be procedurally unfair.
What remedies are available if I win an unfair dismissal case?
If a dismissal is found to be unfair, the CCMA or Labour Court may order reinstatement (with or without back pay), re-employment, or compensation of up to 12 months' remuneration for a substantively unfair dismissal, or up to 3 months' remuneration for a procedurally unfair dismissal.
Do I need an attorney to represent me at the CCMA?
Legal representation at the CCMA is restricted in certain proceedings, but an attorney may appear with the permission of the commissioner or in arbitration proceedings involving dismissal for misconduct or incapacity. We advise clients on whether representation is permitted in their specific matter and assist with preparation even where we cannot appear on the day.