Labour Law
SB Lawyers: South African Labour Lawyers Prioritising Your Workplace Disputes
The law firm was established by Daniel Schoeman on June 1, 1997. It celebrated its 26th anniversary on June 1, 2023, and aims to celebrate its half-century anniversary in the future.
Daniel established the firm with practice areas that mainly consisted of family law and commercial/banking law. He had previous experience as a legal practitioner in Johannesburg and served a commercial bank for nearly a decade. During his time at the commercial bank, he was involved in the merger of several banks and assisted the newly established bank’s human resources department on labour issues, for which he was specially trained at UNISA. Following the establishment of the firm, Daniel expanded his knowledge of general labour law by qualifying with the post-graduate Advanced Certificate in Labor Law from the University of Pretoria in early 2000.
The firm expanded with the addition of Yolandie Borman in 2005. She is currently the director of the Family and Child Law division and co-director of the Labor Law division of the firm. Yolandie has also since qualified with the post-graduate certificate in Advanced Labor Law from the University of Pretoria.
SB Lawyers in The Labour Law Environment
The firm has extensive experience in all areas of the labour law environment, including individual labour law for employees, collective labour law for employers, representation in retrenchment issues for employers and/or employees, chairing disciplinary hearings, and/or incapacity inquiries as represented by its directors. The firm is aided by qualified staff with experience in the CCMA, Bargaining Councils, and Labor Court environment. The firm has a combined labour law expertise of approximately 32 years and can safely claim to be knowledgeable in all aspects of labour law.
The firm’s mission is to provide effective legal solutions at affordable rates. This mission applies to all areas of expertise in which the firm practices. The firm puts special emphasis on a balanced view that legal solutions must weigh favourably against costs and fees inputs from clients. The firm does not endorse risk-based legal solutions or legal solutions whose costs exceed the value of the legal solution offered.
Our Expertise in Labour Law
Unfair labour practices:
Cases where a dismissal has not occurred but where an employer acts untoward towards an employee, rendering such act or failure to act an unfair labour practice, as defined in the Labour Relations Act.
Unfair dismissal:
An unfair dismissal may entail a dismissal following a procedure or a summary dismissal without a procedure followed, constructive dismissals, automatic unfair dismissals (containing an element of discrimination) and dismissal due to operational requirements (so-called retrenchments).
Incapacity issues:
The incapacity of an employee requires a different approach to that of misconduct. Incapacity cannot be defined as misconduct, but misconduct overlaps with incapacity, depending on the state of mind of an employee. It all depends on the state of mind of an employee in order to determine whether an employment issue falls within the category of misconduct or incapacity.
Discrimination and workplace harassment:
This subject is a vast and expansive subject. It is not easy to approach correctly by lay persons, and whenever discrimination or workplace harassment is identified in the workplace, legal knowledge and the correct approach to such an issue are essential.
Incompatibility issues:
Incompatibility is seen as a sub-form of incapacity. Incapacity, in its general sense, is seen to be either physical or mental incapacity, while incompatibility may be defined as an employee not being able to comply with the ethos, ethics, culture and work environment reasonably expected by an employer. Incompatibility, if willful, may be categorised as misconduct, while, if not willful, may be categorised as incapacity.
Employment contracts and negotiations:
Although a written employment contract is not required in law in terms of the provisions of the Basic Conditions of Employment Act, it makes sense to have an employment contract properly recorded in a written document. After all, “the written word” is always better than “the spoken word” when it concerns contracting. It adds certainty to the employment relationship.
Labour dispute resolution:
Labour dispute resolution can adopt many forms, for example, mediation, arbitration and/or formal proceedings in the Labour Court. As with discrimination and workplace harassment, the correct approach with regard to forum and procedure needs to be carefully considered whenever a labour dispute is addressed.
Mediation in labour disputes:
Mediation and labour disputes may serve as an alternative to voluntary separation agreements in order to address disputes which may not necessarily involve a dismissal or termination of employment. It can find application in an unfair labour dispute but can also be applied in all other processes, such as mediation in retrenchment disputes.
Voluntary separation agreements:
Voluntary separation agreements may find application under circumstances where employer and employee(s) prefer to separate on an amicable basis, without the necessity of involving formal processes such as misconduct, incapacity or retrenchment procedures. Voluntary separation agreements, if fair and balanced, are always to be preferred to forced processes, which can create animosity and psychological consequences.
Compliance with South African Labour Legislation:
It is evident that whatever legal labour solution is addressed, such will have to comply with applicable South African labour legislation as may be interpreted by the courts. For instance, a solution considered or offered may not be contra bonos mores (against public policy) or unconstitutional.
Any additional services required by a client from SB Lawyers:
The firm is well equipped and has the necessary resources and legal networking to access and advise on any labour issue that may be unique in nature. The firm has access to all legal resources and is satisfied that any unique situation can be effectively addressed by the firm via its expertise, resources and networking.
Why Choose SB Lawyers?
We know our craft
We have duly illustrated our experience in the specialities in which we practice.
Resourceful
We have access to all legal resources.
Reasonable & Cost Effective
We strive to render legal solutions on a cost-effective basis and within a reasonable time framework, depending on the approach adopted by clients and opposing parties;
Diverse Client Base
We serve all communities, languages and cultures and respect the individual.
Let us provide you with a legal solution
Request An Appointment
Address : L0-T1, Ground Floor, North Wing, Riverwalk Office Park, Garsfontein Road, Ashlea Gardens, Pretoria.
Office Number : 012 346 8606
Daniël Schoeman: 083 268 4788
Yolandie Borman: 084 401 0336
Email : sbattorneys@sblawyers.co.za
Business Hours:
Monday to Thursday: 08:00 – 16:30
Fridays: 08:00 – 15:00
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