Wade Theron Inc. Attorneys assists employees and employers with workplace disputes, dismissals, disciplinary proceedings, retrenchments, employment contracts and CCMA matters in Boksburg and surrounding areas. We provide practical legal guidance aimed at protecting our clients’ rights, managing risk and resolving labour matters efficiently.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Labour Law Assistance for Employees and Employers
Workplace disputes can affect a person’s income, reputation, career and future employment prospects. For employers, an incorrectly managed disciplinary process, dismissal or retrenchment can expose the business to expensive disputes and operational disruption.
Wade Theron Inc. Attorneys provides labour law advice and representation to employees, employers, managers, business owners and organisations in Boksburg and surrounding areas. We assist clients before decisions are made, during internal workplace proceedings and after a dispute has been referred to the CCMA, a bargaining council or the Labour Court.
Early legal guidance can help an employee understand the strength of a complaint before taking action. It can also help an employer follow a fair process, preserve evidence and avoid decisions that may later be challenged.
Labour Lawyers for Employees in Boksburg
Employees may find it difficult to challenge an employer without understanding the applicable law, internal policies or procedures available to them. Some workplace problems develop gradually, while others arise suddenly through suspension, disciplinary charges, retrenchment notices or dismissal.
Our labour lawyers assist employees with matters including:
- Unfair dismissal
- Disciplinary hearings
- Suspensions
- Workplace grievances
- Unfair labour practices
- Retrenchment
- Constructive dismissal
- Changes to employment terms
- Unpaid wages and benefits
- Harassment and discrimination
- Employment contract disputes
- CCMA and bargaining council matters
Each matter must be assessed according to its own facts. A decision that feels unfair may not necessarily amount to a legally unfair dismissal or labour practice, while conduct presented as lawful by an employer may still be open to challenge.
We review the employment contract, workplace policies, disciplinary records, correspondence and surrounding events before advising on the available options.
Labour Law Services for Employers
Employers are expected to manage employees fairly while maintaining discipline, productivity and operational requirements. Difficult decisions still need to be handled in accordance with employment law and the employer’s own policies.
Wade Theron Inc. Attorneys assists businesses with the legal and procedural aspects of employment relationships. This includes established companies, small businesses, professional practices, retailers, landlords, contractors and businesses operating in the industrial and commercial areas around Boksburg.
Our assistance to employers may include:
- Drafting and reviewing employment contracts
- Preparing workplace policies and procedures
- Managing misconduct and incapacity matters
- Preparing notices and disciplinary charges
- Advising on suspensions
- Assisting with disciplinary hearings
- Advising on poor performance
- Managing probation concerns
- Retrenchment planning and consultation
- Responding to grievances
- Addressing harassment complaints
- Preparing for CCMA proceedings
- Defending unfair dismissal claims
- Negotiating settlement agreements
A clear process can help an employer make defensible decisions while reducing unnecessary conflict. It can also provide employees with a proper opportunity to understand and respond to the issues raised against them.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Unfair Dismissal Lawyers in Boksburg
A dismissal may be challenged when there was no fair reason for ending the employment relationship or when the employer did not follow an appropriate process.
South African labour law generally recognises conduct, capacity and the employer’s operational requirements as possible grounds for a fair dismissal. The dismissal must still be supported by a fair reason and handled through a fair procedure. Certain reasons, including some forms of discrimination, pregnancy-related dismissals and participation in protected activities, may result in an automatically unfair dismissal claim.
We assist employees who believe they were unfairly dismissed and employers responding to dismissal disputes. This may involve assessing:
- The reason given for dismissal
- Whether a workplace rule existed
- Whether the employee knew or should have known the rule
- The seriousness of the alleged conduct
- Consistency in the application of discipline
- The employee’s disciplinary record
- Whether dismissal was an appropriate sanction
- Whether the employee received an opportunity to respond
- Whether incapacity or poor performance was properly managed
- Whether the real reason for dismissal differs from the reason stated
Employees should seek advice promptly after dismissal because labour disputes are generally subject to referral time limits.
Disciplinary Hearings and Workplace Misconduct
Disciplinary proceedings should not be treated as a predetermined process designed only to justify an outcome already chosen.
An employee should understand the allegations and have a reasonable opportunity to respond. The employer should consider the evidence, the seriousness of the conduct and whether corrective action short of dismissal is appropriate. The current Code of Practice recognises that discipline is primarily corrective and may involve graduated measures depending on the circumstances.
Our attorneys can assist employees who have received notices to attend disciplinary hearings, allegations of misconduct or proposed sanctions. We can review the charges, assist with preparation and advise on the evidence and possible consequences.
For employers, we can assist with formulating charges, gathering relevant documents, assessing the appropriate procedure and managing the process fairly. Where external chairing or legal involvement is appropriate, this can be discussed according to the circumstances and applicable workplace rules.
Suspensions Pending Investigation or Discipline
Suspension may be used while an employer investigates serious allegations or prepares for disciplinary proceedings. However, a suspension should not be used casually or allowed to continue without justification.
Employees may require advice where they have been suspended without a clear explanation, where the suspension continues for an unreasonable period or where the employer appears to be using suspension as punishment before a hearing.
Employers should consider whether suspension is genuinely necessary, whether there is a risk of interference with evidence or witnesses and what process should be followed. The wording of the employment contract, disciplinary code and applicable collective agreements may also be relevant.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
CCMA Lawyers and Labour Dispute Assistance
The Commission for Conciliation, Mediation and Arbitration assists with disputes involving matters such as dismissals, wages, working conditions, workplace changes and discrimination. Some matters may instead fall under a bargaining council, private dispute-resolution process or another appropriate forum.
Wade Theron Inc. Attorneys assists clients with:
- Assessing whether a dispute falls within the CCMA’s jurisdiction
- Preparing referral or response documents
- Organising evidence and witness statements
- Preparing for conciliation
- Evaluating settlement proposals
- Preparing for arbitration
- Advising on remedies and possible outcomes
- Representation where legal representation is permitted
- Reviewing arbitration awards where appropriate
- Labour Court proceedings arising from suitable matters
Legal representation is not automatically permitted in every CCMA process. The nature of the dispute, the stage of the proceedings and the applicable rules must be considered. Even where an attorney cannot appear at a particular stage, legal advice and preparation before the hearing can still be valuable.
Retrenchment and Operational Requirements
Retrenchment is based on the operational needs of a business rather than employee misconduct. These needs may be economic, technological, structural or similar in nature.
A retrenchment process should involve meaningful consultation rather than merely informing employees of a final decision. Relevant issues may include the reasons for the proposed retrenchment, alternatives, selection criteria, timing, severance pay and assistance that may reduce the effects of job losses.
We assist employers with planning and conducting retrenchment consultations, preparing notices, considering alternatives and documenting the process.
Employees who receive retrenchment notices can obtain advice on whether the stated reason appears genuine, whether consultation is meaningful, how selection criteria will be applied and whether the proposed payments are correctly calculated.
A restructuring, outsourcing arrangement or change in job title is not automatically lawful merely because it is presented as an operational decision. The actual substance of the process must be considered.
Poor Performance, Incapacity and Probation
Poor performance and incapacity should be distinguished from misconduct.
Misconduct generally involves blameworthy behaviour or a breach of workplace rules. Poor performance may involve an employee who is not meeting the required standard despite attempting to perform the work. Incapacity may arise through illness, injury or an inability to perform the job.
Employers should identify the nature of the problem before choosing a process. Depending on the circumstances, this may involve setting clear standards, counselling, instruction, evaluation, reasonable time to improve or consideration of alternatives.
Probation also does not mean that an employee has no rights. The purpose of probation is generally to assess suitability and performance, not to create a period during which employment may be ended arbitrarily.
Our labour lawyers assist both employers and employees with performance management, incapacity processes and probation disputes.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Employment Contracts and Workplace Policies
An employment contract should clearly record the employee’s position, duties, remuneration, working arrangements, leave, notice requirements and other important terms.
Disputes often arise because the written contract does not match the actual working relationship or because important terms were never properly recorded. Changes to duties, remuneration, working hours or workplace location can also become contentious when introduced without proper consultation or agreement.
Wade Theron Inc. Attorneys assists with drafting and reviewing:
- Permanent employment contracts
- Fixed-term contracts
- Probation clauses
- Confidentiality provisions
- Restraint-of-trade provisions
- Commission and incentive arrangements
- Disciplinary codes
- Grievance procedures
- Leave policies
- Remote-work policies
- Harassment policies
- Company equipment and technology policies
- Termination and notice provisions
The Basic Conditions of Employment Act establishes minimum employment conditions and provides that applicable basic conditions form part of employment contracts unless a more favourable lawful term applies.
Templates should be adjusted to the actual workplace rather than copied without considering the employer’s operations, workforce and risks.
Workplace Harassment and Unfair Discrimination
Harassment and discrimination can cause serious harm to an employee and expose an employer to significant legal and reputational risk.
South African employment law prohibits unfair discrimination in employment policies and practices. Harassment is recognised as a form of unfair discrimination, and employers are expected to take appropriate steps when allegations are raised.
We assist employees who have experienced workplace harassment, victimisation or discriminatory treatment. We also assist employers with receiving complaints, conducting appropriate investigations, protecting the parties involved and managing disciplinary or corrective action.
These matters may involve:
- Sexual harassment
- Racial harassment
- Bullying and intimidation
- Discrimination based on pregnancy
- Disability discrimination
- Religious discrimination
- Age discrimination
- Unfair treatment linked to family responsibility
- Retaliation after raising a complaint
- Hostile workplace conduct
Not every unpleasant interaction automatically amounts to legally actionable harassment. The nature, seriousness, frequency and effect of the conduct must be assessed in context.
Unpaid Wages, Leave and Employment Benefits
Disputes may arise over unpaid salaries, overtime, leave, commissions, bonuses, deductions, severance payments or other employment benefits.
The correct forum and process depend on the type of claim, the employee’s earnings, the applicable legislation and whether the claim forms part of another labour dispute.
Employees should retain payslips, bank statements, contracts, timesheets, leave records, commission calculations and correspondence concerning payment. Employers should maintain accurate records and respond carefully when discrepancies are raised.
Our attorneys can assess the documentation, advise on the appropriate process and assist in seeking or defending payment claims.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Constructive Dismissal
Constructive dismissal may be alleged when an employee resigns because the employer made continued employment intolerable.
A resignation alone does not establish constructive dismissal. The employee generally needs to show that the employer was responsible for conditions that made continued employment intolerable and that resignation was a response to those conditions.
Because resignation can have serious consequences, an employee should obtain advice before leaving employment where possible. Internal grievances or other remedies may need to be considered first.
Employers facing allegations of constructive dismissal should preserve records showing how complaints were handled and whether reasonable steps were taken to address the situation.
Labour Court Proceedings
Some labour disputes may proceed to the Labour Court, while others may involve the review or enforcement of arbitration awards.
Labour Court litigation requires careful assessment of jurisdiction, legal grounds, evidence, procedural requirements and the remedies being sought. Not every unfavourable CCMA outcome can be challenged simply because a party disagrees with the decision.
Wade Theron Inc. Attorneys can assess suitable matters and advise on Labour Court proceedings, urgent applications, reviews, enforcement and related employment litigation.
Labour Lawyers Serving Boksburg and Surrounding Areas
Wade Theron Inc. Attorneys assists employees and employers throughout Boksburg, including Bartlett, Beyers Park, Bardene, Ravenswood, Atlasville, Impala Park, Jansen Park, Parkrand, Sunward Park, Libradene, Freeway Park, Boksburg North and Boksburg Central.
We also serve businesses and employees in commercial and industrial areas such as Jet Park, Hughes and Anderbolt, as well as clients from Benoni, Kempton Park, Germiston, Edenvale, Bedfordview, Alberton, Brakpan, Springs and other nearby areas.
Consultations may be conducted in person or remotely where appropriate.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Speak to a Labour Lawyer in Boksburg
Labour disputes often develop quickly, and a delayed or poorly considered response can weaken an employee’s position or increase an employer’s risk.
Contact Wade Theron Inc. Attorneys for assistance with unfair dismissals, disciplinary proceedings, CCMA disputes, retrenchments, employment contracts and other labour law matters in Boksburg and surrounding areas.
