Labour Law in South Africa is a dynamic and evolving field governed by a strong constitutional and legislative foundation that balances the rights of employees with the obligations of employers.
At Kubayi Mphahlele Incorporated, we offer a comprehensive labour law service that supports individuals, businesses, trade unions, and employers’ organisations across the full spectrum of employment-related matters.
Our team combines practical litigation experience with strategic legal advice to ensure that workplace relations remain fair, legally compliant, and productive.
We represent both employers and employees in conciliation, arbitration, and mediation processes at the:
Commission for Conciliation, Mediation and Arbitration (CCMA)
Bargaining Councils relevant to specific sectors
Private dispute resolution forums (when contractually required)
We handle a wide range of disputes, including:
Unfair dismissal (misconduct, incapacity, retrenchment)
Unfair labour practices (e.g., promotion, demotion, benefits)
Constructive dismissal and mutual separation agreements
Workplace harassment and discrimination claims
Representation during conciliations, arbitrations, and con-arbs
Our lawyers ensure clients are well-prepared at each stage and assist with compliance, evidence preparation, and post-award enforcement.
For more complex or escalated matters, we litigate in the Labour Court and Labour Appeal Court, often dealing with:
Reviews of arbitration awards
Interdicts against unlawful strikes or lockouts
Enforcement of restraint of trade and confidentiality agreements
Disputes involving collective bargaining and organisational rights
Urgent applications (e.g., preventing dismissals, compelling reinstatement)
Our team is experienced in navigating procedural and substantive requirements to ensure swift and effective resolution, especially where urgent relief is sought.
We assist businesses of all sizes to maintain legally sound employment documentation. This includes:
Drafting and reviewing employment contracts (fixed-term, permanent, independent contractor)
Executive and senior management agreements
Employment policies and procedures (e.g., discipline, grievance, remote work)
Codes of conduct and ethics
Compliance with the Basic Conditions of Employment Act (BCEA) and sectoral determinations
We also provide staff handbooks and onboarding documents to align with workplace rules and statutory obligations.
Misconduct in the workplace requires a legally defensible process. We assist clients with:
Chairing or representing parties in disciplinary hearings
Drafting charges and managing due process
Internal investigations into fraud, sexual harassment, and employee misconduct
Ensuring procedural and substantive fairness in disciplinary actions
Training HR teams and line managers in best practices
Our goal is to ensure that disciplinary actions are both fair and legally compliant, minimizing the risk of unfair dismissal claims.
In times of economic uncertainty or organisational change, we advise clients on:
Section 189 and 189A retrenchment processes
Negotiation with trade unions and staff representatives
Selection criteria, consultation procedures, and severance obligations
Alternatives to retrenchment (short time, layoffs, voluntary separation)
Re-employment obligations and compliance with equity plans
We work with clients to develop legally compliant restructuring strategies that also consider reputational and operational impacts.
Where trade unions are present, we help employers manage:
Recognition agreements
Collective bargaining and wage negotiations
Strike management and picketing rules
Disputes involving organisational rights
Engaging the Essential Services Committee or Bargaining Council structures when required
We balance assertive legal strategy with constructive engagement to promote stability and continuity in unionised environments.
Compliance with the Employment Equity Act (EEA) and Broad-Based Black Economic Empowerment (B-BBEE) is vital for modern businesses. We provide advisory services on:
Drafting and implementing Employment Equity Plans
Annual submissions and reporting to the Department of Employment and Labour
Discrimination and equal pay audits
Dispute resolution involving employment equity or workplace diversity
We help clients understand and implement their duties under the Occupational Health and Safety Act (OHSA). Our services include:
Policy development and safety procedures
Legal representation in workplace injury investigations
Assistance with Department of Labour inspections
Workplace COVID-19 protocol advice (if applicable)