Navigating a CCMA case can feel daunting, but thorough preparation is the key to presenting a winning argument. Our service empowers both employees and employers with expert guidance on "How to prepare for a CCMA arbitration", focusing on critical steps like evidence gathering and witness preparation.

We help clients complete the necessary paperwork, such as the LRA Form 7.11, ensuring the time limit for CCMA unfair dismissal referral is strictly adhered to so your case is not dismissed on a technicality.

For instance, if you've missed the 30-day deadline, we assist with a CCMA condonation application for late referral.

Preparation begins with assembling the right documentation, which often includes your employment contract, performance reviews, disciplinary warnings, and any correspondence related to the dispute.

We guide you on "What documents to gather for a CCMA case" to substantiate your claims or defend your position effectively. Understanding the process is vital, which is why we explain the difference between conciliation and the more formal arbitration stage, where binding decisions are made.

If your case proceeds to arbitration, we ensure you are ready for cross-examination and capable of presenting your narrative clearly, focusing on factual evidence rather than emotion.

We also explain the con-arb process at the CCMA, a fast-tracked approach where conciliation and arbitration happen consecutively. Proper CCMA case preparation ensures you are not disadvantaged by legal or procedural complexities, greatly increasing your chance of a favourable outcome, whether it be reinstatement or fair compensation.

We specialise in resolving Labour disputes and challenging every form of unfair dismissal, which is the most common matter referred to the CCMA. We provide immediate advice on "What to do if you are unfairly dismissed in South Africa", helping you determine if your dismissal was based on misconduct, incapacity (poor performance or ill-health), or operational requirements (retrenchment), and whether the employer followed a fair procedure.

A dismissal can be procedurally fair but substantively unfair, and vice versa.

A key part of our service is distinguishing between a standard unfair dismissal and an automatically unfair dismissal, which occurs for legally prohibited reasons like union activity or discrimination, carrying a higher compensation ceiling. We meticulously analyse your case to ensure the correct legal claim is lodged, for example, clarifying the subtle but important Difference between dismissal and unfair labour practice (which relates to unfair actions short of dismissal, such as a denial of promotion).

If you were part of a group dismissal, we ensure the correct severance pay was offered in terms of the BCEA.

For employees, we fight for reinstatement, re-employment, or maximum permissible compensation (up to 12 months’ salary, or 24 months for an automatically unfair dismissal).

For employers, we defend against frivolous or unsubstantiated claims, ensuring your decision was both substantively and procedurally fair in terms of the LRA.

We help you successfully manage the legal risks associated with retrenchment and ensure compliance with all statutory requirements, avoiding costly awards against your business.

A robust employment contract is the foundation of any healthy working relationship, and our service ensures yours is compliant, comprehensive, and legally sound.

We offer a detailed labour lawyer for employment contract review for individuals and draft new contracts for businesses, covering complex issues like fixed-term contracts, restraints of trade, and confidentiality clauses.

We address important client concerns such as, "Can an employer change employment conditions without consent?" to clarify your rights and obligations.

We provide comprehensive guidance on Performance Management, a critical tool for addressing issues of poor work quality fairly. Our service includes advising employers on "How to draft a performance Improvement Plan (PIP)" that is legally defensible and adheres to the Code of Good Practice.

For employees facing a performance process, we offer coaching and legal advice to ensure the process is not being misused to force a dismissal. This prevents claims of how to prove poor performance dismissal is unfair.

By assisting both parties in establishing clear expectations and performance standards, we help minimise the risk of future labour disputes.

We ensure that contracts comply with the Basic Conditions of Employment Act (BCEA), covering minimum leave, working hours, and notice periods.

A clear contract and a fair performance system reduce ambiguity, fostering a productive environment while protecting your rights and limiting potential liability at the CCMA.

Facing a Disciplinary Inquiry is often the final step before dismissal, making legal assistance crucial for both employers and employees. We provide expert disciplinary hearing assistance for employers to ensure the entire process—from the initial charge sheet to the final sanction—is procedurally and substantively fair, preventing an unfair dismissal claim later at the CCMA. For employees, we offer guidance on their employee rights during a disciplinary inquiry and provide professional representation.

We advise on the critical question of "Legal representation at disciplinary enquiries" and whether an employee is entitled to have an external lawyer or advocate present. Our representation ensures that evidence is properly tested through cross-examination and that the appropriate penalty is applied, should the employee be found guilty.

We also ensure that the employer, through the appointed chairperson, follows due process, as procedural fairness is a key requirement of the LRA.

Our service includes assisting with the drafting of disciplinary codes for employers and compiling compelling defence bundles for employees. We highlight common procedural mistakes to avoid and ensure fairness is applied consistently to prevent claims of bias or pre-determination.

By ensuring the inquiry is conducted in accordance with the principles of natural justice, we secure a finding that will stand up to scrutiny at the CCMA or the Labour Court.