Jacques van Wyk is a Director and Team Leader specializing in employment law. He advises in the Employment Practice area. He has over 29 years’ experience in all aspects of employment law and employment litigation – including corporate restructures; commercial employment transactions arising during mergers and acquisitions; executive employee terminations of employment; acting in employment law disputes and litigation at Bargaining Councils, the CCMA, Labour Court, Labour Appeal Court, High Court, Supreme Court of Appeal and private arbitrations; chairing disciplinary hearings, conducting investigations into alleged harassment in the workplace, conducting investigations into alleged corruption and fraud in the workplace, acting as employer representative in internal disciplinary or grievance procedures, drafting employment contracts, letters of appointment, employer codes and procedures, restraint ot trade agreements, acting in restraint to trade disputes. Jacques also has deep experience conducting employment law compliance audits; due diligence investigations; and occupational health and safety compliance audits.
Years of Experience: 29 years
Construction & Engineering
Employment
Litigation & Dispute Resolution
Employment
Construction and Engineering
Advised / Represented / Acted on behalf of:
Astron Energy in respect of a wide-range of employment law matters and litigation, ranging from restructuring exercises to wage exemption applications to Labour Court and Labour Appeal Court litigation. A recent matter involved representing Astron Energy in respect of winning an appeal at the Labour Court applied for by a former employee of Astron based on his dismissal for using bursary funds for personal expenses.
General Motors / Isuzu as local counsel in the due diligence relating to the sale by General Motors SA (Pty) Ltd of its Isuzu light commercial vehicle business. He undertook and oversaw the entire Employment Law and Occupational Health and Safety Due Diligence
PRASA Metrorail in its successful challenge to the dispute raised by its former Senior Financial Manager when he challenged his dismissal at the Commission for Conciliation, Mediation and Arbitration (Cape Town). The matter related to his alleged failure to comply with the provisions of PRASA's Procurement Policy, the PFMA and directives issued by the South African National Treasury
Environmental Resource Management Services when it embarked on a restructuring of its operations. He provided advice on all aspects of same including the process to be followed and the restructuring agreements which were concluded with certain employees in terms of which they would exit the business voluntarily. He advised on all aspects of said negotiations, participated in same and prepared all the exit agreements.
EY in regard to one of their client's disputes with the head of its South African operations. He advised EY on and managed the performance management process and ultimate termination of employment of the employee on agreed terms. He also advised on the removal of the employee as a director of the South African operations.
PwC in relation to the Vrystaat Munisipale Pensioenfonds ("Find") of which PwC was the curator following financial irregularities by the principal member.
Steinhoff International Holdings on a range of employment law matters relating to the removal of executives following on accounting irregularities and the transfer of employees from client to other entities.
LLB, University of Cape Town, 1992
BA, University of Cape Town, 1990
Admitted as an Attorney, 1995
Director, Cliffe Dekker, 1999 - 2008
Director, ENS, 2008 - 2009
Director, Werksmans, 2009
Appointed as Adjunct Associate Professor of Law at UCT | 2024
Ranked lawyer (Band 4) by Chambers Global | 2017 – 2022, 2024 & 2025 | Employment
Named as a recommended lawyer by Legal 500 | 2010 – 2014, 2024 | Labour and Employment
Named as a recommended lawyer (2008) and an endorsed lawyer (2011) in Labour and Employee Benefits by PLC Which Lawyer
Named as an endorsed lawyer in Labour and Employee Benefits by PLC Which Lawyer
Recognition in Corporate Governance & Compliance Practice as part of the 2020 Best Lawyers public release with Business Day
Authorships
Co-authored: Labour Law in Action - A hands on guide to the LRA (Maskew Miller Longman - ISBN 0636033325)