Labour Law in Local Government

The Firm has an outstanding record in Labour Law matters, in particular in the Public and Local Government sphere.  Over the many years of existence the Firm has successfully dealt with labour disputes relating to misconduct dismissals, operational requirements and retrenchment dismissals and industrial and strike action disputes, at High Court, Labour Court, Bargaining Council and CCMA level.  

A significant part of the professional services rendered by the Firm relates to labour and employment law, representing employers.  When misconduct dismissals of senior management staff are effected in any big enterprise, whether public or commercial it is crucial that disciplinary proceedings are dealt with speedily and successfully both from a substantive and a procedural perspective as any subsequent finding against an employer in the Labour Court not only has substantial financial but also staff morale implications.  

In respect of misconduct and incapacity matters, we attend to all aspects ranging from the forensic investigation of alleged misconduct, drafting charge sheets, arranging and preparing witnesses, sourcing and appointing expert witnesses, sourcing and advising on appointment of appropriate chairpersons, attendance to keeping of comprehensive records, to finalisation of disciplinary hearings.  We further attend to all dispute resolution mechanisms including attendance at the Bargaining Councils, CCMA, Labour Court and Labour Appeal Court.  

To date not a single disciplinary hearing that has been dealt with by the Firm has been set aside by the Labour Appeal Court for having been either substantively or procedurally flawed. 

The following list of relevant projects reflects our expertise and extensive experience in respect of this area of legal services:

  • Amajuba District Municipality – Dismissal of Municipal Manager
  • Blue Crane Route Local Municipality – Dismissal of CFO
  • Buffalo City Municipality – Various disciplinary procedures
  • Cape Agulhas Local Municipality – Disciplinary Hearing of -Municipal Manger
  • Capricorn District Municipality – Dismissal of Municipal Manager
  • City Council of Mafikeng – Salary and Placement disputes
  • City of Matlosana – Employment matters
  • Dannhauser Municipality – Dismissal of CFO
  • Eden District Municipality – Dismissal of Municipal Manager
  • Emalahleni Local Municipality – Dismissal of Senior Manager Corporate Services as well as various other disciplinary and Labour Law matters
  • Emthanyeni Municipality – Dismissal of various staff members in the Department of Finance
  • Gariep Local Municipality – Dismissal of Internal Auditor and CFO
  • Greater Sekhukune District Municipality – Dismissal of Municipal Manager
  • Greater Tubatse Local Municipality – Disciplinary Hearing of Section 57 Managers
  • Greater Tzaneen Municipality – General Labour Law advice and drafting of Section 57 Manager contracts
  • Knysna Municipality – Dismissal of Municipal Manager, Internal Auditor, CFO, Director: Corporate Services, Director: Social Services and other staff members.  We successfully recovered approximately R3.8 million from a former Municipal Manager and Internal Auditor together with all legal fees on outstanding unlawful loans.  
  • Kungwini Local Municipality – Various disciplinary hearings, dealing with retrenchment and placement disputes, etc
  • Lephalale Municipality – Advice relating to retrenchment of staff members
  • Madibeng Local Municipality – Various disciplinary proceedings
  • Maletswai Local Municipality – Dismissal of various staff members
  • Merafong City Local Municipality – Dismissal of CFO, Director: Corporate Services and other staff members
  • Modimolle Local Municipality – Dismissal of Municipal Manager and CFO
  • Mogalakwena Local Municipality – Dismissal of Municipal Manager, Director: Corporate Services, Legal Advisor and CFO
  • Mogale City Local Municipality – Dismissal of Deputy Director Community Services and various other disciplinary and labour dispute related hearings and review applications to the Labour court
  • Moqhaka Local Municipality – Various disciplinary hearings and review applications to the Labour court
  • Motheo District Municipality – Disciplinary hearing of Municipal Manager
  • Naledi Local Municipality – Various disciplinary and Labour Law matters
  • Ngaka Modiri Molema District Municipality – Dismissal of CFO and various other disciplinary procedures
  • Nokeng Tsa Taemane Local Municipality – Disciplinary hearing of Municipal Manager
  • Ramotshere Moiloa Local Municipality – Labour Law matters
  • Sesotho Local Municipality – Disciplinary hearing of staff member
  • Umsubomvu Local Municipality – Dismissal of Chief: Social Services
  • Umzinyathi District Municipality – Dismissal of CFO
  • Uthungulu District Municipality –  Dismissal of CFO
  • Ventersdorp Local Municipality – Dismissal of CFO
  • West Rand District Municipality – Dismissal of Labour Relations Officer and other disciplinary and labour related hearings and applications in the SALGBC and Labour Court
  • Westonaria Local Municipality – Disciplinary hearings and Labour Law matters