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Jacques van Wyk

Director

Location: Cape Town

Tel: +27 21 405 5142

Fax: +27 11 535 8512

Email: jvanwyk@werksmans.com

ABOUT

Director Jacques van Wyk advises in the Employment; Business Crimes & Investigations; Regulatory; and Construction & Engineering practice areas. He has over 25 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; and drafting employment contracts and letters of appointment. Jacques also has deep experience conducting employment law compliance audits; due diligence investigations; and occupational health and safety compliance audits. He has represented clients in all employment law fora in relation to a wide range of employment law disputes.

  • Construction & Engineering
  • Employment
  • Commercial employment transactions arising during mergers and acquisitions
  • Corporate restructures
  • Executive employee terminations of employment
  • Drafting employment contracts and letters of appointment
  • Drafting of disciplinary codes and procedures
  • Drafting grievance procedures
  • Restraints of trade
  • Advice on selection and recruitment
  • Chairing disciplinary enquiries and appeals
  • Employment law compliance audits and due diligence investigations
  • Advice on dismissals related to misconduct, poor performance, ill-health and operational requirements
  • Occupational health and safety compliance audits

 

Advised / Represented / Acted on behalf of:

  • 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 [text]
  • 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.
  • 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.
  • BA LLB (UCT)
  • 1999 - 2008: Director, Cliffe Dekker
  • 2008 - 2009: Director, ENS
  • 2009: Director, Werksmans
  • Ranked lawyer (Band 4) by Chambers Global | 2017 – 2022, 2024 | 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