Employment and Public Law

EMPLOYMENT AND LABOUR LAW

Our Employment and Labour Department provides the full spectrum of legal services in this complex field of law. Our specialist legal team has the expertise and experience to render advice in the proactive management of all aspects of the workplace environment. Combining decades of experience in employment law, our attorneys ensure that our clients receive comprehensive advice on all aspects of employment relationships. As seasoned litigators, our Employment Law team is geared towards serving the needs of both employers and employees, and regularly provide representation and advice in the following areas:

• Restraints of trade
• Confidentiality Undertakings
• Bonuses
• Performance reviews and management
• Termination, including executive dismissals
• Independent contracts and outsourcing
• Drafting of codes of conduct and employment policies and procedures
• Advice with regard to the sale and transfers of businesses, mergers, acquisitions and liquidations
• Conducting health and safety compliance audits
• Disciplinary hearings
• Unfair labour practice disputes
• Restructuring, reorganisation and retrenchments
• Negotiation and drafting of collective agreements
• Labour Court, High Court and CCMA litigation, including interdicts, reviews and appeals, and constitutional challenges
• New business establishment and compliance with all relevant laws and regulations
• Unfair discrimination, employment equity and affirmative action issues and disputes
• Whistle blowing
• Access to information issues
• Related tax advice
• Collective Bargaining
• Drafting Collective Agreements
• Strikes
• Organizational Rights
• Bargaining Council Advice

We have a team of trained mediators and arbitrators to advise and assist on all disputes.

PUBLIC LAW

Administrative Law

• Advice on all aspects of procurement law, including tenders and tender processes, both to organs of State and private corporations.
• Appeals and reviews of public body decisions.
• All aspects of local/municipal and provincial government law.
• Servicing parastatals in ensuring compliance with applicable legislation.

Constitutional Law

• Advice on all aspects of constitutional law to both organs of State, private corporations and individuals.
• Representation in the Constitutional Court as well as all other courts having constitutional jurisdiction.

Education Law

We view our commitment to education and educational practice as much more than a business and, as such, Herold Gie advises on all aspects of education law, including:

• Specialised and strategic advice to state-aided and independent schools.
• Advice to school governing bodies to ensure their legal obligations are met.
• Disciplinary hearings in the education environment.
• Powers, duties and obligations of governing bodies, educators, learners and the education departments.

Heritage and Environmental Law

• Advice on all aspects of heritage and environmental law.
• Advice and representation to national and provincial heritage agencies.

Professional Affairs and Ethics

• Advice to various regulatory bodies in the legal and medical arena.
• Representation to regulatory bodies in disciplinary enquiries.
• Litigation in high courts, including review applications.