Labour Law attorneys in South Africa

Mukwani Attorneys

Rosebank, Johannesburg, Gauteng Experience not supplied

Mukwani Attorneys is a Johannesburg-based law firm committed to providing professional, personalised and effective legal solutions. We assist individuals and businesses across a range of legal matters, including family law, divorce, criminal law, litigation, commercial law, labour law, property law and estates. Our approach is built on honesty, integrity, quality and excellence, with a focus on understanding each client's unique needs and providing practical legal guidance.

Administrative LawCommercial LawConstitutional Law AttorneyOS reviewed

View profileRequest consultation

Plain-language guide

What a labour attorney does.

A labour attorney acts for employees and employers in the workplace: unfair dismissal and unfair labour practice referrals to the CCMA and bargaining councils, disciplinary and incapacity processes, retrenchments under section 189, discrimination and equal pay claims, restraints of trade, employment contracts and policies, strikes and Labour Court litigation and reviews.

When you need one

You have been dismissed, suspended or called to a disciplinary hearing.
Your employer has announced retrenchments or changed your terms without agreement.
You are an employer facing a CCMA referral, a strike or a discrimination complaint.
A former employee is breaching a restraint or has taken confidential information.

How fees usually work

Referring a dispute to the CCMA is free and legal representation at arbitration is limited by the CCMA rules, so many employees conciliate without an attorney. Labour Court matters and employer-side work are billed hourly with a written estimate up front. Trade union members are often represented by the union at no charge.

Questions to ask before you instruct

Is my dispute within the 30-day or 90-day referral period, and if not can it be condoned?
Will I be allowed legal representation at the arbitration?
What is a realistic outcome: reinstatement, compensation or a settlement?
What will this cost me at each stage?

See the listed practitioners

General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Labour attorney questions

How long do I have to refer an unfair dismissal to the CCMA?

Thirty days from the date of dismissal, or from the outcome of an internal appeal. An unfair labour practice must be referred within 90 days. Late referrals need an application for condonation, which is granted only for good cause, so refer first and take advice on the merits afterwards if you must.

Can I bring an attorney to the CCMA?

At conciliation, no legal representatives appear. At arbitration a party may be represented by an attorney except in disputes about dismissal for misconduct or incapacity, where the commissioner must give permission after considering the complexity of the case, the comparative ability of the parties and the public interest. Representation by a union official or an employer organisation is always allowed.

What is a fair retrenchment?

The Labour Relations Act requires a genuine operational reason, a consultation process under section 189 that considers alternatives, selection criteria and severance, and fair selection. Severance pay is at least one week of remuneration per completed year of service in addition to notice pay and accrued leave. Employers with more than 50 employees follow the longer section 189A process.

For the practitioners listed here

Software built for labour law practices.

CCMA and Employment Equity timelines proposed from the trigger date, reviewed and diarised in one click.

AttorneyOS for labour law List your firm free