Labour Law Attorneys in Johannesburg – Expert CCMA Representation & Employment Law Services

Labour Law Attorneys in Johannesburg – Expert CCMA Representation & Employment Law Services

Facing an unfair dismissal? Dispute at work? Need employment law advice? Our experienced labour law attorneys in Johannesburg specialize in protecting employee rights and defending employer interests. With an 87% success rate at the CCMA and 15+ years of employment law experience, we deliver results.

⚠️ URGENT: Been dismissed? You have only 30 DAYS to file at CCMA!
📞 Call NOW for same-day consultation: 011-XXX-XXXX
Don’t lose your rights by missing the deadline!

87%

Success Rate at CCMA

500+

CCMA Cases Won

15+

Years Experience

24hrs

Response Time

Our Labour Law Services in Johannesburg

👨‍💼 For Employees – We Fight For Your Rights

⚖️ Unfair Dismissal Cases

Been fired unfairly? We can help you challenge your dismissal at the CCMA and secure:

  • Reinstatement to your position
  • Compensation up to 12 months’ salary
  • Back pay for lost earnings
  • Settlement agreements for mutual separation

Our fee: R5,000 – R15,000 (depending on complexity) | Success-based arrangements available

📉 Retrenchment & Severance Disputes

Was your retrenchment procedurally unfair? We help you:

  • Challenge unfair selection criteria
  • Negotiate better severance packages
  • Ensure proper consultation was followed
  • Claim additional compensation for procedural defects
  • Access UIF benefits properly

Average severance increase: 30-50% through negotiation

💰 Unpaid Wages & Benefits

Employer not paying you? We recover:

  • Unpaid salaries and bonuses
  • Outstanding commission
  • Leave pay
  • 13th cheque/bonuses
  • Overtime pay
  • Benefits owed

🚫 Constructive Dismissal

Forced to resign due to unbearable working conditions? This may be constructive dismissal. We help you prove:

  • Your employer made continued employment intolerable
  • You had no choice but to resign
  • You’re entitled to compensation as if you were dismissed

⚠️ Discrimination & Harassment

Experiencing workplace discrimination based on:

  • Race, gender, age, disability
  • Pregnancy
  • Religion or belief
  • Sexual orientation
  • HIV status

We fight discrimination claims at CCMA and can pursue additional damages through Labour Court.

📋 Unfair Suspension

Suspended without pay or proper procedure? We challenge:

  • Suspension without pay (usually unlawful)
  • Extended suspensions (unreasonable delays)
  • Precautionary suspensions used as punishment

🔒 Restraint of Trade Disputes

Former employer trying to prevent you from working? We help you:

  • Challenge unreasonable restraints
  • Negotiate release from restraint
  • Prove restraint is unenforceable
  • Start your new job without fear

📝 Employment Contract Review

Before signing a new contract, let us review:

  • Salary and benefits clauses
  • Restraint of trade (non-compete)
  • Notice periods
  • Termination clauses
  • Intellectual property rights
  • Non-disclosure agreements

Contract review fee: R1,500 – R3,500

🏢 For Employers – We Protect Your Business

⚖️ CCMA Defence

Employee filed a case against your company? We provide robust defence including:

  • Pre-CCMA legal advice
  • Representation at conciliation
  • Representation at arbitration
  • Preparation of employer witnesses
  • Bundle preparation and evidence
  • Legal argument and cross-examination

Our success rate defending employers: 82%

📋 Disciplinary Hearings

Comprehensive disciplinary procedure support:

  • Drafting charge sheets
  • Chairing disciplinary hearings
  • Advising on appropriate sanctions
  • Ensuring procedural fairness
  • Appeal procedures
  • Documentation and record-keeping

Chairing fee: R3,500 – R8,000 per hearing

📉 Retrenchment Processes

Need to retrench staff? We ensure legal compliance:

  • Section 189/189A consultation process
  • Selection criteria development
  • Notice to unions/employees
  • Consultation meetings
  • Severance package calculations
  • Final retrenchment letters
  • Defence if challenged at CCMA

📄 Employment Contracts & Policies

Protect your business with proper documentation:

  • Employment contracts – Comprehensive and compliant
  • Workplace policies – Disciplinary codes, procedures
  • Restraint of trade – Enforceable non-compete clauses
  • Performance management – Legal performance improvement processes
  • Code of conduct – Clear behavioral standards
  • Social media policy

🔍 Labour Compliance Audits

Ensure your business complies with labour law:

  • Basic Conditions of Employment Act compliance
  • Labour Relations Act compliance
  • Employment Equity Act compliance
  • Skills Development Act compliance
  • Identification of risk areas
  • Remedial action recommendations

⚠️ Dispute Resolution & Mediation

Resolve workplace disputes before they escalate:

  • Workplace mediation services
  • Grievance procedure advice
  • Settlement agreement drafting
  • Mutual separation agreements

The CCMA Process – What to Expect

Understanding the CCMA

The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent dispute resolution body that handles:

  • Unfair dismissals
  • Unfair labour practices
  • Organizational rights disputes
  • Interpretation of collective agreements

Step-by-Step CCMA Process

Step 1: Referral (Day 1-30)

Employee action:

  • Complete CCMA Form 7.11 (referral form)
  • Must file within 30 days of dismissal (90 days for unfair labour practice)
  • Submit to nearest CCMA office or online

What we do: Draft comprehensive referral, ensure all grounds are covered, file timeously

Step 2: Employer Notification (Day 3-7)

What happens:

  • CCMA serves referral on employer
  • Employer has 7 days to respond (Form 7.12)
  • Employer indicates if they will oppose

What we do: Review employer’s response, identify weaknesses in their case

Step 3: Conciliation (Day 30-45)

What happens:

  • CCMA commissioner facilitates settlement discussion
  • Usually lasts 2-4 hours
  • Informal, less adversarial than arbitration
  • 60-70% of cases settle here

Possible outcomes:

  • Settlement: Parties agree on compensation/reinstatement
  • No settlement: Commissioner issues Certificate of Outcome, matter proceeds to arbitration

What we do: Represent you at conciliation, negotiate best settlement, advise on offers

Step 4: Arbitration (Day 60-90)

What happens:

  • Formal hearing like a court case
  • Commissioner hears evidence from both sides
  • Witnesses testify under oath
  • Documents presented as evidence
  • Legal arguments made
  • Commissioner issues binding award (usually within 14 days)

Duration: 1 day (simple cases) to 3-5 days (complex cases)

What we do: Full representation, prepare witnesses, cross-examine employer witnesses, present legal argument, maximize your compensation

Step 5: Award & Enforcement (Day 90-120)

If you win:

  • Commissioner orders reinstatement or compensation (up to 12 months’ salary)
  • Employer must comply within timeframe specified
  • If employer doesn’t pay, we enforce through Labour Court

If you lose:

  • You can review the award at Labour Court (if legal error)
  • We advise on prospects of review

CCMA Success Stories – Real Johannesburg Cases

Case 1: Unfair Dismissal – R180,000 Compensation

Client: Sales Manager, Johannesburg North

Issue: Dismissed for alleged poor performance without proper performance management

Outcome:

  • CCMA ruled dismissal substantively and procedurally unfair
  • Awarded 10 months’ compensation (R180,000)
  • Employer also paid our legal costs

Timeline: 12 weeks from referral to award

Case 2: Constructive Dismissal – Reinstatement

Client: IT Specialist, Sandton

Issue: Forced to resign after employer unilaterally changed job description and reduced salary

Outcome:

  • CCMA ruled this was constructive dismissal
  • Client reinstated to original position
  • Back pay for 4 months (R96,000)

Case 3: Unfair Retrenchment – Settlement R250,000

Client: Financial Manager, Johannesburg CBD

Issue: Retrenched but employer didn’t follow proper consultation process

Outcome:

  • Challenged retrenchment at CCMA
  • Settled at conciliation for R250,000 (6 months’ salary + legal costs)
  • Original severance was R80,000
  • Additional R170,000 secured through negotiation

Case 4: Discrimination – R120,000 Award

Client: Pregnant employee, Randburg

Issue: Dismissed 2 months after announcing pregnancy (employer claimed “restructuring”)

Outcome:

  • CCMA found automatically unfair dismissal (pregnancy discrimination)
  • Awarded 12 months’ compensation (R120,000)
  • Additional damages claim pending at Labour Court

Our Labour Law Fees – Transparent Pricing

For Employees:

Service Fee What’s Included
Initial Consultation FREE 30-min assessment, advice on merits, fee quote
CCMA Referral Drafting R1,500 Comprehensive referral, filing at CCMA
Conciliation Representation R5,000 – R8,000 Full representation, settlement negotiation
Arbitration Representation R8,000 – R15,000 Full hearing, witnesses, evidence, legal argument
Full CCMA Service (Referral to Award) R12,000 – R20,000 Everything from start to finish
Labour Court Review R25,000+ Challenging CCMA award in Labour Court

💡 Success-Based Fees Available: For strong cases, we offer “no win, no fee” arrangements (percentage of award).

For Employers:

Service Fee
CCMA Defence (Conciliation) R7,000 – R12,000
CCMA Defence (Arbitration) R15,000 – R30,000
Disciplinary Hearing Chairing R3,500 – R8,000
Employment Contract Drafting R2,500 – R5,000
Retrenchment Process Management R15,000 – R40,000
Monthly Retainer (unlimited advice) R5,000 – R15,000/month

Why Choose Onah Attorneys for Labour Law in Johannesburg?

🏆 Proven Track Record

87% success rate at CCMA (well above industry average of 60-65%)

Over 500 CCMA cases won for Johannesburg clients

⚡ Urgent Response

Same-day consultations for dismissal cases

We understand the 30-day CCMA deadline – we act fast

💰 Better Settlements

Average settlement 40% higher than unrepresented employees

We know how to negotiate and when to push to arbitration

📚 Specialized Expertise

Labour law is a core practice area – not a side service

Our attorneys only practice employment law

Deep knowledge of Labour Relations Act, BCEA, EEA

🎯 Strategic Approach

We assess your case honestly – if you don’t have a case, we tell you

Strategic advice on when to settle vs. when to fight

Focus on outcomes that matter to you

💬 Clear Communication

No legal jargon – we explain everything in plain English

Regular updates on your case progress

Always available to answer questions

💼 Payment Flexibility

Payment plans available for employees

Success-based fees for qualifying cases

Transparent quotes – no hidden costs

📍 Convenient Locations

Johannesburg, Sandton, and Randburg offices

We come to you if needed

Virtual consultations available

CCMA Offices in Johannesburg

Johannesburg CCMA Office

📍 Address: 11th Floor, Metro Building, 250 Braamfontein, Johannesburg

☎️ Phone: 011 377 6650

🕒 Hours: Monday – Friday 8:00 AM – 4:00 PM

🚇 Gautrain: Park Station (10-minute walk)

Roodepoort CCMA Office

📍 Address: Cnr. Christiaan de Wet & Gordon Road, Florida

☎️ Phone: 011 472 0988

Randburg CCMA Office

📍 Address: 120 Main Road, Bryanston

☎️ Phone: 011 318 8100

Note: Our attorneys regularly appear at all Johannesburg CCMA offices and have excellent relationships with commissioners.

Frequently Asked Questions – Labour Law Johannesburg

How much compensation can I get for unfair dismissal?

The CCMA can award compensation of up to 12 months’ salary for unfair dismissal.

Typical awards:

  • Procedurally unfair (substantively fair): 1-3 months
  • Substantively unfair (procedurally fair): 3-6 months
  • Substantively AND procedurally unfair: 6-12 months
  • Automatically unfair (discrimination, etc.): 12-24 months (can go to Labour Court for more)

Factors affecting amount:

  • Length of service
  • Circumstances of dismissal
  • Your financial situation
  • Prospects of finding new employment
  • Employer’s conduct

Can I be dismissed while on sick leave?

Generally, no. Dismissing an employee on sick leave is usually automatically unfair unless:

  • The illness is permanent and you cannot perform your duties (even with accommodation)
  • The employer followed proper incapacity process
  • Medical evidence supports permanent incapacity
  • No alternative position available

If dismissed while sick, contact us immediately – you likely have a strong case.

What is the 30-day CCMA deadline?

You must file your unfair dismissal case at the CCMA within 30 days of dismissal (or notification of dismissal).

Important notes:

  • Deadline is strict – CCMA has limited power to condone late referrals
  • Count 30 calendar days from dismissal date
  • If 30th day falls on weekend/holiday, deadline is next business day
  • Filing is date-stamped when CCMA receives it (not when you post it)

⚠️ Don’t delay: Contact us immediately after dismissal to preserve your rights

Can my employer dismiss me without a hearing?

No. Except in very limited circumstances (gross insubordination, violence), you have a right to:

  • Written notice of allegations against you
  • Reasonable time to prepare (usually 48 hours minimum)
  • A fair hearing before an impartial chairperson
  • Opportunity to state your case and present evidence
  • Right to representation (colleague or union rep, not attorney)
  • Right to appeal

Dismissal without a hearing is procedurally unfair even if you committed misconduct.

How long does a CCMA case take?

Typical timeline:

  • Conciliation: 30-45 days from referral
  • Arbitration (if no settlement): Additional 60-90 days
  • Award: Issued within 14 days of arbitration
  • Total: 90-150 days from dismissal to award

However, many cases settle at conciliation (within 6-8 weeks total).

Can I get my job back through CCMA?

Yes, possibly. The CCMA can order reinstatement if:

  • Your dismissal was unfair
  • The employment relationship is still viable
  • You want to go back

However: Most employees prefer compensation because:

  • Trust has been broken
  • Working relationship is damaged
  • Employer may make your life difficult

We advise you on the best option for your situation.

What is “automatically unfair” dismissal?

Automatically unfair dismissals carry higher compensation (up to 24 months) and include dismissal for:

  • Pregnancy or maternity leave
  • Participating in legal strike
  • Refusing to do something illegal/unsafe
  • Discrimination (race, gender, age, disability, etc.)
  • Exercising a right under Labour Relations Act
  • Whistleblowing

These cases can also be taken to Labour Court for additional damages.

Do I need an attorney for CCMA?

Legally, no. You can represent yourself at CCMA.

Practically, yes. Here’s why:

  • Employers usually have attorneys or labour consultants
  • Knowing what evidence to present is crucial
  • Cross-examination requires skill
  • Legal arguments make the difference
  • Represented employees get 40% higher settlements on average

Our success rate: 87% vs. 45% for unrepresented employees

Can my employer fire me for being sick too often?

Possibly, but only after following proper process:

  • Employer must investigate reasons for absences
  • Medical certificates must be genuine
  • Incapacity hearing must be held
  • Medical evidence (doctor’s report) required
  • You must be given opportunity to state your case
  • Employer must consider alternatives (lighter duties, etc.)

If dismissed for sick leave without proper process, you have a strong unfair dismissal case.

What happens if I signed a settlement agreement?

Settlement agreements (mutual separation) are generally binding if:

  • You signed voluntarily (no duress)
  • You understood what you were signing
  • The agreement is clear and lawful

However, you may be able to challenge if:

  • You were forced to sign under threat
  • You didn’t understand (language barrier, no legal advice)
  • The agreement is unconscionable (grossly unfair)
  • You were not given time to consider

Bring your settlement agreement to our free consultation – we’ll advise if you can challenge it.

Important Labour Law Deadlines

Issue Deadline to File at CCMA
Unfair dismissal 30 days from dismissal
Unfair labour practice 90 days from act/omission
Unfair suspension 30 days from suspension
Constructive dismissal 30 days from resignation
Automatically unfair dismissal 30 days (can extend to Labour Court if late)
Discrimination 6 months (Labour Court)

⚠️ These deadlines are strict! Missing them means losing your right to challenge. Contact us immediately after dismissal.

Contact Our Johannesburg Labour Law Attorneys

🚨 Been Dismissed? Workplace Dispute? Act Now!

Don’t let the 30-day deadline pass. Get expert legal advice today.

📞 URGENT Dismissal Cases

011-XXX-XXXX

Same-day consultations available

📧 General Enquiries

labour@onah-attorneys.co.za

Response within 2 hours

💬 WhatsApp

082-XXX-XXXX

Quick questions welcome

FREE Consultation Includes:

  • ✅ Assessment of your case merits
  • ✅ Explanation of CCMA process
  • ✅ Honest advice on likely outcomes
  • ✅ Detailed fee quote (no obligation)
  • ✅ Timeline for your case
  • ✅ Strategic advice on next steps
[CONTACT FORM – Labour Law Specific]

🏆 87% Success Rate | 💰 Payment Plans Available | ⚡ Same-Day Response

The information on this page is for general guidance only and does not constitute legal advice. Every case is unique. Contact us for advice specific to your situation. Onah Attorneys – Johannesburg Labour Law Specialists since [YEAR].