Webber Wentzel has a highly regarded Employment and Employee Benefits Practice Group which offers advice on all relevant aspects of employment law, discrimination in the workplace, corporate governance, empowerment in the context of the BBBEE Act, and employee benefits such as pension and provident funds and medical schemes. The Practice Group emphasises the particular needs and requirements of its corporate client base, and ensures it keeps abreast of developments in the field. In addition to ongoing advice to clients on their practical issues the Practice Group hosts seminars and conferences on topical issues and specific items of concern and interest.

The firm's Johannesburg and Cape Town offices have a team consisting of five partners, four senior associates and five associates with experts offering advice in all aspects of the field including:

• managing executive disputes and dismissals including separation/termination agreements;
• all aspects of unfair dismissal disputes;
• retrenchments including mass retrenchments;
• unlawful competition, restraint of trade and confidentiality disputes and litigation;
• discrimination law and disputes including sexual harassment and HIV/AIDS;
• collective labour issues including drafting recognition and other collective agreements and handling industrial action disputes such as strikes, go-slows, overtime, bans and lock-outs;
• conducting due diligences on all employment law issues associated with mergers, acquisitions, disposals, outsourcings and liquidations;
• the complexities of employment transfers in the context of s 197 and section 197A of the Labour Relations Act (LRA);
• the requirements of the Broad Based Black Economic Empowerment Act, its Codes and Sectoral Codes and the scoring mechanisms;
• drafting and implementing Employee Share Option schemes and plans;
• pension law issues and disputes including management of pension and provident funds and medical aids and schemes;
• compliance with Employment Equity requirements including formulation and implementation of Employment Equity plans;
• forensic investigations;
• conducting disciplinary inquiries, arbitrations and Labour Court trials and reviews;
• drafting employment and independent contractor agreements and letters of appointment including executive employment agreements, employment and secondment contracts for multinationals, foreign employers and foreign nationals, and immigration;
• corporate governance issues;
• drafting employment policies manuals and codes;
• drafting restraint of trade and confidentiality agreements;
• Occupational Health and Safety Act (OHSA) and its regulations, Compensation for Occupational Injuries and Diseases Act (COIDA), Mine Health and Safety Act;
• telecommunications including Internet and email usage, privacy issues;
• whistle blowing; and
• interpretation of labour and allied statutes and regulations.

Some of our key clients include:

Absa, Arcus Gibb,African Management Services Company, Airports Company South Africa, Anglo American Corporation, ASA Metals, Austro Group, Avusa Media, Barloworld, BHP Billiton, Bokoni Platinum, Bombela Consortium, City of Cape Town, Crawford and Company, Credit Suisse, Danone SA, De Beers, Deloitte, Denel, Edcon, Emirates Airlines, First National Bank, First Rand Bank, Fitch Ratings, Foster Wheeler, Fry's Metals, Gem Diamonds, Gijima AST, GIBS (Gordon Institute of Business Science), GlaxoSmithKline, Goldfields, Goldfields Mining SA, Goldman Sachs, Guma, Harvard University, Honeywell, Huge Telecom, IBM, ICI, Jasco Limited, Johnson Matthey, Joy Mining, Kuhne + Nagel, Kerzner International, Lanxess Mining, Life Healthcare, Lloyds International TSB, Macsteel, Mastercard, Maxam Dantex, Moody's, Motorola, NERSA (National Energy Regulator), Oceana Group, One&Only, Primedia, Prominent Paints, Red Cross, Resort Condominiums International (RCI), Revlon, South African Airways, SA Express Airlines, Sasria, SBV, Schneider, Electric, Sedibeng Municipality, Shanduka Group, South African Post Office, Spescom Limited, Standard Bank of South Africa, ThompsonReuters, Trollope Mining Services, Union Carriage and Wagon Company , USSASA (Universal Service and Access Agency), Wireless Data Services, Wyndham Worldwide Corporation, Wal-Mart, Xstrata SA, Zimmer

Recent notable matters in which members of the Practice Group have acted include:

• Representing Fry's Metals in the landmark decision of Numsa and Others v Fry's Metals where the Supreme Court of Appeal upheld the employer's right to implement changes to working conditions in the absence of agreement with the trade union and the employees;
• Advising the Airports Company South Africa (ACSA) on employment issues arising from a US$11 million heist at OR Tambo International;
• Employment issues and consequences in several major deals including:
  • The separation of the businesses now separately listed as Kumba Iron Ore and Exxaro;
  • Advising MTN on the transfer of employees in the context of the IT infrastructure outsourcing agreement with IBM;
  • Acting for Bain Capital in its acquisition of Edgars Consolidated Stores in relation to the transfer of the employees in all Edgars branches nationwide and a review of its Broad Based Black Economic Empowerment audit report;
  • Acting for the lenders in the acquisition of a large power-station which involved complicated issues surrounding health and safety and transfer of employees;
  • Acting for UNISA in regard to a large scale restructuring of some non-core activities;
  • Acting for GlaxoSmithKline in its worldwide deal with Aspen;
  • Acting for ICI in its acquisition of Dulux from AECI, including advice on section 197 implications of a Labour Court action instituted five years before the acquisition;
  • Acting for the Bombela Consortium in relation to the Gautrain;
• Advising on the provisions of the Competition Act exempting collective bargaining and collective agreements from the realm of anti-competitive behaviour.

For more information please click here to read the section on "Employment Law" in Investing in South Africa.