Overview:

Labour and employment law is increasingly complex and must be fully understood to ensure compliance and avoid disputes.  The effective management of labour and employment issues are of cardinal importance for a business.  Our specialist lawyers provide comprehensive legal services to both employers and employees.  We have expertise and experience on all aspects of labour and employment law including:

  • management and resolution of employee related disputes including strikes and lockouts
  • affirmative action, employment equity and other requirements to hire locals
  • the appointment and termination of executives
  • the restructuring of local operations including retrenchments of employees
  • occupational health and safety compliance
  • pension and retirement fund issues
  • due diligence investigations
  • advising on the labour law implications of commercial transactions like mergers and acquisitions, the sale of businesses and outsourcing arrangements
  • collective bargaining issues and negotiations with trade unions and employee representatives
  • drafting employment contracts and agreements and policies and procedures
  • dispute resolution including mediation, arbitration, disciplinary hearings and proceedings before private and statutory forums including bargaining counsels, specialist bodies, the civil and labour courts and pension fund and other adjudicators/regulators

Recent Matters:

Botswana: Of recent, the practice has been involved in various matters representing the Southern African Development Community (SADC) in both domestic Courts and the recently-established SADC Administrative Tribunal.

Lesotho: Provided international clients which includes international law firms with legal opinions in respect of local labour requirements.

Ghana: Legal advice on termination of employees, reviewing and redrafting of collective agreement with trade unions and advice on acquisition of a pan-african tower company in Ghana.

Kenya: Advising Unilever Kenya on a petition by the Union restraining the company from carrying out redundancies.

Morocco: Represented Dell S.A.S in the labor litigation matter opposing it to its former employees transferred to NTT Data.

Mozambique: Advice on the best practices regarding the existence of discriminatory measures in employment environment in a Bank institution.

Nigeria: Review of employment agreement and schedule of social charges for a foreign company.

South Africa: Appointed by the SARB to assist the Curator of VBS Mutual Bank in regard to the restructuring and rationalisation of its operations post curatorship, and subsequently liquidation.

Tanzania: Represented a logistics company in a trade union labour execution matter over executed property worth USD 25M.

Uganda: Unlawful dismissal of an employee without a fair hearing.

Zambia: Acted for Zambia National Commercial Bank Plc (“ZANACO”) in the matter, Zambia National Commercial Bank PLC Vs. Masautso E. Nyathando and 88 Others, one of the country’s largest employment class action claims involving pensions and employee benefits with a potential exposure of approximately ZMW 80 million.

Zimbabwe: Handled and litigated in the stoppage of an industry wide collective job action in the entire sugar industry, handles most of the labour matters including appeals in the High Courts at the firm. Also handles labour arbitrations, drafting of internal disciplinary codes, training human resources managers on handling displinary hearing matters, providing legal opinions on labour matters and drafting contracts of employment