Werksmans Attorneys

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werksmans attorneysWerksmans Attorneys is a leading corporate and commercial law firm which specialises in more than 22 diverse areas of law across a wide range of sectors. This law firm has more than 100-years of experience and expertise. 

They have received a variety of local and international marketplace accolades such as being ranked in the Chambers’ Global ranking for The World’s Leading Lawyers for Business, being a part of the IFLR1000 World’s Leading Financial Law Firms as well as the Legal 500.

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Werksmans Attorneys' Articles:


Costs and benefits remain the two key issues facing the coming NHI Act as it faces certain constitutional challenges according to Neil Kirby, Director and Head of Healthcare and Life Sciences at Werksmans Attorneys 


In today's highly competitive employment market, securing the most suitable candidates is of paramount importance to the success of a business. Employers must however be careful to vet prospective employees so as to protect the interests of the business.  


In the realm of labor disputes, strikes serve as potent tools wielded by workers to demand fair treatment, better working conditions, and equitable compensation. However, within the fluidity of these protests lies a contentious issue: the specter of violence.


When the employment relationship ends due to the death of the employer, it terminates by operation of law, absolving both parties from their contractual obligations. 


What is an employer to do when an employee is booked off on sick leave, only to be seen engaging in social activities that a “sick” person ordinarily should not or could not be engaging in?  


On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings. In that article, we discussed the duty on all parties in review proceedings to place a complete and full record before the reviewing court.


Can an employee be dismissed if they misrepresented their qualifications and/or professional memberships? This issue was considered in the Labour Court (LC) in the case of Lesedi Local Municipality v Mphele and Others.


The retail sector is often burdened with the issue of stock losses or shrinkage. Employers also grapple with identifying the perpetrator(s) of the offence who sometimes act in concert with other employees. 


On 21 February 2021, the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd (2023) 44 ILJ 767 (LAC) found against an employer who sought to enforce a restraint of trade on the grounds that the wording of the liability clause in the settlement agreement was wide enough to expunge any other claims arising from the employee's employment.  


The proposed "two pot" retirement system would allow people to have the best of both worlds early access to a portion of their retirement funds, should it be necessary, while still preserving a significant portion for when they retire.


On 18 March 2022, the Minister of Employment and Labour Minister published the ‘Code of Good Practice on the Prevention of Elimination of Harassment in the Workplace’ (Harassment Code).  

 


Wondering whether an employer is obliged to comply with its own policies and procedures when these policies and procedures are incorporated into an employee's contract of employment? 


Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 (the BCEA) relieves an employer of the duty to pay severance pay in circumstances where the employee who is dismissed for operational requirements "unreasonably refuses to accept the employer's offer of alternative employment with that employer or any other employer".


Can you dismiss an employee who refuses to obey instructions? To answer this, we look at the case of Media Workers' Association of South Africa obo Hoohlo and others v SABC SOC Ltd.


Unions worldwide play an essential role in protecting the rights and interests of employees, particularly at lower income levels where individuals may not have recourse to legal services and representation.  Correcting the power imbalance between employer and employee is often a critical function performed by unions.


What constitutes offer and acceptance for the conclusion of a contract of employment. Keep reading to find out what Jacques van Wyk, Director, Michiel Heyns, Senior Associate at Werksmans Attorneys thinks.


Employees employed in a sector falling outside of the scope of a trade union's constitution, may still be represented by that trade union in dismissal disputes. However, as previously held by the Labour Court, such representation does not include an entitlement to bargain collectively with an employer on behalf of those employees.

 


Whether employers, who issue provisional ultimatums to employees who participate in unprotected strike action, may subsequently dismiss employees who comply with the ultimatum. 


The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate. 

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