Best Hiring & Firing Lawyers in Cape Town

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Cape Town, South Africa

Founded in 1917
English
Werksmans Attorneys stands as a leading law firm in South Africa, recognized for its comprehensive legal expertise across a broad spectrum of practice areas. With a rich history dating back more than a century, the firm is distinguished by its deep industry knowledge, innovative solutions, and...
SchoemanLaw Inc
Cape Town, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
We believe that it is important that our solutions are practical, lawful and make good business sense. For this reason we also offer various training, content management and implementation options, regardless of the industry or size of the business involved.We work on behalf of a wide range of...
STBB Cape Town
Cape Town, South Africa

Founded in 1901
English
STBB Cape Town is a distinguished law firm renowned for its comprehensive legal services and a legacy spanning over 120 years. The firm has established itself as a leader in property law and conveyancing, offering unparalleled expertise in retail and development property transactions. Their...
Elaine Jordaan Attorneys
Cape Town, South Africa

Founded in 2021
English
Elaine Jordaan Attorneys, based in Somerset West, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of its clients. The firm's practice areas encompass divorce and family law, civil litigation, debt collection, contracts, deceased estates and wills,...
Macgregor Erasmus Attorneys
Cape Town, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
Bowmans
Cape Town, South Africa

Founded in 1885
1,000 people in their team
Afrikaans
English
Who we areWe help our clients manage legal complexity and unlock opportunity in Africa.We have an enviable track record of providing legal services to the highest professional standards in Africa. We work for clients across numerous African jurisdictions on corporate, finance, competition,...
TNK Attorneys
Cape Town, South Africa

Founded in 1999
English
TNK Attorneys, established through the merger of Turner & Associates and Kirsten Attorneys in 2014, is a prominent South African law firm with offices in Claremont and Wynberg, Cape Town. The firm offers a comprehensive range of legal services to individuals, businesses, and government...
Raymond McCreath Inc Attorneys Law firm
Cape Town, South Africa

Founded in 1999
English
Established in 1999 by directors Franklyn Heinrich Lincoln Raymond and Robert William McCreath, Raymond McCreath Inc is a distinguished law firm based in Somerset West, South Africa. The firm offers a comprehensive range of legal services, including environmental and constitutional law,...
Legalese
Cape Town, South Africa

Founded in 2015
English
Legalese is a pioneering law firm in South Africa, renowned for its exceptional expertise and innovative approach to legal services. The firm, situated at the intersection of modern legal practice and client-focused solutions, is dedicated to providing top-tier legal representation in various areas...
André Kirsten Lawyer
Cape Town, South Africa

Founded in 2016
50 people in their team
Afrikaans
English
I am an attorney specializing in Criminal Law, and here is some background on me:,I obtained my legal degree at the University of the Free State in 1996 and proceeded to complete articles in the Northern Cape in 1997.Being employed at the NPA as a prosecutor in 1998, I was serving both the district...
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About Hiring & Firing Law in Cape Town, South Africa

In Cape Town, as well as throughout South Africa, the law stipulates specific requirements for hiring and firing staff. These regulations are enshrined in the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA). They outline the rights and responsibilities of both employers and employees and aim to ensure a fair employment experience for all parties involved.

Why You May Need a Lawyer

Various situations might necessitate the expertise of a legal professional regarding hiring and firing. For instance, if you are an employer facing a wrongful termination lawsuit, you'll require legal counsel to navigate through the process. Likewise, employees who feel they've been unfairly dismissed or discriminated against during a recruitment process could also benefit from legal help. Pursuing any form of legal action or defending a claim in an employment dispute can require complicated legal documentation and processes, so professional guidance is often necessary.

Local Laws Overview

Relevant local laws in Cape Town primarily stem from the BCEA and LRA, setting out fair methods and reasons for employee termination. Employers are obligated to use procedures such as verbal or written warnings, disciplinary hearings, and to follow just practices like retrenchment. For hiring, employers must ensure equal opportunities and non-discrimination on grounds of race, religion, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, conscience, belief, political opinion, culture, language, birth or any other arbitrary grounds. Unfair dismissal claims can be brought forward to a bargaining council or the CCMA, where the employee must provide valid reasons, proof of unfair treatment, or constructive dismissal claims.

Frequently Asked Questions

What constitutes unfair dismissal in Cape Town?

Unfair dismissal can involve an employer terminating an employee's contract without a valid reason, without following correct procedures, or taking action precipitated by unlawful discrimination.

What steps can I take if I have been wrongfully terminated?

If you are of the belief that your termination was unfair, you can lodge a claim with the Commission for Conciliation, Mediation, and Arbitration (CCMA) or a bargaining council, if applicable.

What can employers do to avoid wrongful termination claims?

To avoid wrongful termination claims, employers should always follow proper and fair procedures for both performance-related discharges and redundancies. Consulting with a legal professional is also advisable to ensure that all actions are within the bounds of the law.

Are there protections against discrimination in the hiring process?

Yes, the Employment Equity Act makes it unlawful for employers to discriminate against job applicants on many grounds, including - but not limited to - race, gender, age, and disability.

What is a constructive dismissal?

A constructive dismissal occurs when an employee resigns because their employer made continued employment intolerable. Here, the act of resignation is viewed as an act of dismissal by the offending employer.

Additional Resources

For further legal advice, you may refer to the CCMA, your local Department of Labour Office, or legal aid clinics. South African Labour Guide and the SA Labour News websites are also accessible resources with valuable information on the hiring and firing laws.

Next Steps

If you require legal assistance, your next step would be to seek advice from a legal professional specializing in labor law, specifically those experienced in dealing with hiring and dismissal cases. They can guide you through the process, advising on the collection of evidence, submission of paperwork, and negotiation or litigation strategy, depending on your specific circumstances.

Lawzana helps you find the best lawyers and law firms in Cape Town through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Hiring & Firing, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cape Town, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.