Labour law
South African labour law services for employers
CCMA and Labour Court representation, disciplinary hearings and investigations, and employment contracts and policies that limit exposure.
Labour matters usually begin with a decision an employer makes — a dismissal, a restructuring, a policy change — and are decided long afterwards by whether that decision was both substantively and procedurally fair.
Our labour law department acts for mining companies and for small, medium and large enterprises across industries, on the full employment cycle from the contract to the dispute.
Dispute resolution and representation
Commission for Conciliation, Mediation and Arbitration (CCMA) — representation at conciliation meetings and arbitration hearings, including unfair dismissal and unfair labour practice disputes.
Statutory arbitration and mediation — using alternative dispute resolution, including private arbitration and mediation, to resolve disputes efficiently and at lower cost than formal litigation.
Labour Court proceedings — representation in the Labour Court and Labour Appeal Court for matters referred to adjudication, or that require urgent interdictory relief.
Employment relations and compliance
Drafting employment agreements — legally compliant employment contracts drafted and reviewed against the role and the industry.
Policy development and review — workplace policies and procedures, including disciplinary codes, leave policies and social media policies, aligned with current legislation.
Disciplinary hearings and investigations — guidance on, and where required, conducting independent internal disciplinary hearings or investigations to ensure procedural and substantive fairness.
Why choose our labour law team
Our strength is practical experience and a client-focused approach. We understand the labour dynamics of different sectors, including the particular pressures of mining, and we give pragmatic, proactive advice that helps you manage people while limiting legal exposure.
Answers
Frequently asked questions
What is the difference between substantive and procedural fairness?
Substantive fairness asks whether there was a valid and fair reason for the decision — for example, whether misconduct was proved, or whether retrenchment was genuinely operationally necessary. Procedural fairness asks whether the correct process was followed — notice, an opportunity to be heard, a fair chairperson, a proper appeal. A dismissal usually fails on one of the two, so both need to be right.
Can an employer dismiss an employee without a hearing?
Only in narrow circumstances. The general rule is that an employee must be given notice of the allegations and a real opportunity to state their case before a decision is taken. Skipping that step is the most common reason dismissals are overturned at the CCMA.
How long does an employee have to refer an unfair dismissal dispute?
Thirty days from the date of dismissal to the CCMA, unless condonation is granted for a late referral. Unfair labour practice disputes have a longer window, but employers should not rely on delay: the evidence is strongest immediately after the event.
Next step
Tell us what is happening and we will tell you what it takes
A first conversation costs you nothing and usually clarifies more than a page of general information. Consultations are available in Northriding, Johannesburg and in Pretoria Central.
- Phone — 087 265 1059
- WhatsApp the owner — +27 71 392 3771
- Email — info@ombaloyi.co.za
- Start an enquiry