Specialist Labour Lawyers

Higgs Attorneys Inc.
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Labour Law

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258 Smit Street, Fairland, Johannesburg

010 590 6251

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Labour Lawyer ~ Johannesburg & Gauteng

Labour Law In Action

Dispute Resolution

A specialist labour attorney can advise on where a dispute should be referred to and institute the proceedings on behalf of an employer.

Workplace Policies

An employer’s disciplinary policies are to be ‘reasonable, lawful and fair’ in terms of circumstances and operational requirements.

Informal mediation

It is advisable to pre-empt and prevent possible disputes by engaging with a labour expert well in advance of potential disputes.

Specialist Labour Lawyers

About Us

Charlie Higgs

BCom, LLB and LLM (Labour Law)

Charlie is the Founder and director of Higgs Attorneys Incorporated, a dynamic law firm situated in Fairland, Johannesburg.

Charlie completed degrees BCom (Business Management and Law), LLB and LLM (Labour Law). As specialist labour attorney, Charlie also has a keen interest in Labour Court litigation.

Chantelle Bensch

BCom, LLB and LLM (Labour Law)

Chantelle obtained degrees in BCom (Business Management and Law), LLB and LLM (Labour Law) with right of appearance in High Court.

As director, Chantelle is a member of the team of highly qualified labour attorneys at the firm, with a passion for the profession. Her work has taken her as far afield as Nigeria into Africa.

Debby Myburgh

BA(Law), B Proc, LLB & LLM (Labour Law)

Debby Myburgh, an accomplished Labour Law specialist with the degrees BA(Law), B Proc, LLB & LLM (Labour Law). Her in-depth knowledge of Labour Law is backed by over three decades of experience in this field. Besides practising for own account, Ms Myburgh also held positions in various law firms as well as corporate and governmental organisations.

Conciliation, Mediation and Arbitration

CCMA

The purpose of referring a dispute to the CCMA is to resolve it. There are three main categories of labour disputes:

  • Disputes which are arbitrable and have to be adjudicated by the CCMA.
  • Disputes which are justiciable and have to be adjudicated by the Labour Court.
  • Disputes which have to be resolved by the exercise of economic power, meaning the employees can either organise a strike or lock-out in support of their demands.

The statutory dispute resolution process requires that all disputes first be referred to the CCMA or a bargaining council for reconciliation.

Labour Lawyers for

 Labour Matters

Legal representation

Should a dispute end up in the Labour Court, it is highly recommended that the employer be represented by a specialist labour lawyer.

Employment Contracts

Lack of a written contract of employment is not only a criminal offence but could also severely compromise an employer's position in a dispute.

Disciplinary Hearings

In order to avoid unpleasant and costly surprises, it is recommended that formal disciplinary hearings be chaired by a labour law specialist.

Unresolved Disputes

Labour Court

Only after a failed attempt at conciliation or the expiry of the prescribed time limits for conciliation, may the parties go to the next level of dispute resolution, i.e. the Labour Court.

Whereas the CCMA is usually the forum in case of relatively uncomplicated individual disputes, more complicated disputes are referred to the Labour Court. The employer needs to know to which forum a dispute should be referred and a labour attorney can give advice on this subject and even institute the proceedings on behalf of the employer. Different types of disputes have different time limits in which the employer must give the accused notice of the proceedings and a labour attorney can send these notices within the specified times, whilst ensuring that the notices comply to labour law specifications.

Labour Law Specialist

Expert Solutions To Labour Problems

CCMA & BARGAINING COUNCIL

LABOUR COURT & HIGH COURT

MEDIATION & ARBITRATION

DISCIPLINARY HEARINGS

EMPLOYMENT CONTRACTS

WORKPLACE POLICIES

DISPUTE RESOLUTION

Disciplinary Procedures

Unfair Dismissal

Even though the reasons for the dismissal of an employee may have been valid, it is most likely to be ruled an ‘unfair dismissal’ by the CCMA if the correct disciplinary procedures were not followed by the employer.

Disputes In Labour Courts

Labour Court Judgements

Labour laws govern nearly every aspect of the employer-employee relationship and an employer should always opt to get legal advice, not only in labour disputes but also in other matters such as the drafting of employment contracts, to protect itself.

2017

2019

Lawyers For Employers

Disciplinary Policies

 

A properly drafted disciplinary code regulates the behaviour of employees in the workplace and also stipulates the consequences when a worker is guilty of not complying with the rules. It serves as a management aid to an employer to manage the business and ensure that workers are acting in accordance with the company policy.

01. Compliance

An expert labour lawyer will quickly assess and establish if a company adheres to the basic requirements set out by the Labour Act and point out potential problems that could be avoided.

02. Professional

Employers are required to have a disciplinary code that sets out how the worker is expected to behave in the workplace. A labour lawyer can tailor the disciplinary policy to the needs of a business.

03. Pre-emptive

It is advisable to pre-empt possible disputes by engaging with a labour expert well in advance of potential disputes. In this instance, precaution could very well be the best remedy.

Online Case Assessment

Direct Access To Labour Law Expertise

Higgs Attorneys Inc.

258 Smit St, Fairland, Randburg

Contact Us

010 590 6251

Visit Us

258 Smit St, Fairland, Randburg

Open Hours

Monday – Friday: 9am – 5pm
Sat & Sun: Closed