The Employment Law Professionals

Specialist Employment Law Attorneys

solomonholmes is a B-BBEE Level 1 accredited firm of employment law attorneys. Focusing exclusively on this area of practice our attorneys have an in-depth knowledge of their field and provide practical, efficient solutions to clients.

 

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About Us

At solomonholmes, we believe that in a complex regulatory environment such as South Africa, employers require advice from specialist attorneys who not only have an in-depth knowledge of their field, but are able to provide practical and efficient solutions to every day operational issues. We offer our clients the benefit of a full service employment law practice ranging from restraints of trade to wage negotiations, strike management to dismissal procedures – see our services for more information. As such you will find that the attorneys at solomonholmes have all had substantial experience in the practical application of employment law. We understand the rigours of the workplace and are able to provide solutions to fit your changing needs. Labour and employment issues can often prove disruptive to the conduct of normal business and at solomonholmes we strive to ensure our clients arrive at an effective resolution with minimum interruption to operations. Whatever kind of employer you are we will be able to assist. If you have an enquiry or need to know more about our services please contact us.

Attorneys

Anthony Solomon
Kathleen Holmes
Theresa AcHada
Jayson Kent
dr. eunice cross

Associate Attorneys

geraldine bosch
HLONIPHILE SINGO

Candidate Attorney

ZANDILE TABATA
NTSAKO NKUZANA

Support

Jade Govender
Sarafina Hendrique
samona kistnasamy
tenyeko mathebula

B-BEE Level 1 Contributors

solomonholmes is committed to the principles of diversity and economic transformation.

With our Level 1 status we are compliant with prescribed B-BBEE Codes of Good Practice in respect of ownership, management control, skills development, enterprise and supplier development and socio-economic development.

Some of the outstanding factors contributing to our B-BBEE scorecard include:

  • 30% Black female ownership
  • Significant investment in skills development and training of our associate and candidate attorneys
  • Preferential BEE procurement
  • Socio economic development initiatives through selected B-BBEE partners including YES4YOUTH, DOMINO GROUP and KHULISANI

 

View our B-BBEE Certificate

Employment Law News


Samancor Chrome Ltd (Western Chrome Mines) v Willemse 

It is widely accepted that employers are entitled to set their own standards of conduct and enforce measures that mitigate risk in the workplace. The operational requirements of some workplaces necessitate the adoption of a “zero-tolerance” drug and alcohol policy as a safety precaution to prevent the occurrence of potentially disastrous workplace accidents, which would be detrimental to an employer and its employees.

 

Can an employer dismiss an employee for refusing to work overtime?

Meeting and exceeding production targets is every employer’s goal, and to achieve this an employer relies on the co-operation of its employees, sometimes with the expectation that employees will work overtime. The question of whether an employer can dismiss an employee for refusing an instruction to work overtime was the question before the Court in the case of AMCU obo Mkhonto v ANDRU Mining (Pty) Ltd

Mukuru Financial Services (Pty) Ltd and Another v Department of Employment and Labour

Legislation regarding the employment of foreign nationals is constantly changing and employers should ensure that they are informed of the developments to avoid being held liable for non-compliance. Businesses have various needs and tailor their models to suit the demands of their client base. Within those specific business needs, an interesting question does present itself.  What if a business requires a unique skill such as language proficiency or cultural awareness that South African citizens or permanent residents cannot fulfil. Would this permit the employment of foreign nationals, or would the company be prohibited by legislation from looking for employees abroad?

Loadshedding – can employers apply the No Work No Pay rule?

Outgoing CEO Eskom Andre de Ruyter has recently expressed the view to EWN that the 2023 Loadshedding outlook remains bleak.

South Africans are currently experiencing stage 6 loadshedding. One of the questions that has arisen is what the future holds for businesses that are electricity-dependent and cannot supplement this need with alternatives such as generators or renewable resources. Current levels of loadshedding mean that such businesses may be without electricity for up to 8 hours a day during which employees cannot work.

Is a 4-day workweek practical in a South African context?

In a growing global trend, companies are looking to scrap the 5-day workweek and replace it with a 4-day system.

Covid-19 sent us all home to work, and if the trend was to be believed, we would never return to the workplace. Elon Musk, together with thousands of other employers around the world think otherwise, and are now coercing employees back into the office. All of this has no doubt got employers thinking.   

Pro Bono work

We recognise that access to the justice system is often far beyond the reach of many in South Africa. As a member of the South African Society for Labour Law, solomonholmes provide their services free of charge offering advisory and legal services to those who would otherwise not have access to justice. To this end we commit our expertise and time to assist those in need to obtain legal redress in the workplace.

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