JACQUES VAN WYK

Director

More about: Jacques van Wyk
Jacques Van Wyk specializes in:Labour Court (Labour Court and Labour Appeal Court) and Constitutional Court litigation relating to:
  • Unfair dismissal and labour practice disputes;
  • Interdict applications;
  • Review of arbitration awards;
  • Appeals against judgements;
  • Enforcement of restraints of trade; and
  • Breach of contract disputes.
CCMA and Bargaining Councils
  • Unfair dismissal disputes;
  • Unfair labour practice disputes;
  • Demarcation disputes; and
  • Disputes with bargaining councils regarding the interpretation and implementation of bargaining council agreements.
Corporate Restructuring
  • Advising on legal aspects of same;
  • Drafting of all notices, letters, documents, agreements, etc.;
  • Attending to consultation processes on behalf of employers; and
  • Drafting and facilitating voluntary separation agreements.
Transfers
  • Advising on all aspects of transfers of businesses or parts thereof as a going concern;
  • Drafting variation agreements;
  • Drafting apportionment of liability agreements; and
  • Undertaking Due Diligence Audits in respect of compliance with all labour and health and safety legislation.
Collective Bargaining and Strikes
  • Advising on all aspects of same;
  • Drafting collective agreements;
  • Advising on cancellation of ‘recognition agreements’;
  • Drafting picket rules and dealing with disputes arising from same;
  • Drafting lockout notices and dealing with disputes arising from same; and
  • Dealing with unlawful strikes, interdicts and damages claims arising from same.
Drafting
  • Contracts of employment including indefinite, fixed term, specific task, part-time and executive;
  • Addenda to contracts of employment;
  • Disciplinary codes and procedures
  • Grievance procedures;
  • Codes of Conduct and Ethics;
  • Collective agreements;
  • Notices in respect of section 189(3);
  • Agreements as contemplated by section 197(2); and
  • Independent contractor/service level agreements.
Disciplinary/Poor Performance/Incapacity Enquiries
  • Acting as chairperson of these enquiries and drafting recommendations or findings; and
  • Assisting companies with preparation for and arrangement of internal hearings.
Training and Seminars
  • Bespoke training modules/workshops/seminars on various aspects of employment law including discipline in the workplace; POPI, LRA, BCEA, OHSA, COIDA, MHSA, and EEA;
Restraint of Trade.
  • Drafting ROT agreements;
  • Advising on enforcement of ROT agreements;
  • Litigation related to ROT agreements.
Civil Litigation arising from the employment relationship
  • Recovering damages from employees;
  • Interdicting the unlawful conduct of employees/former employees;
  • Assisting with the institution of criminal proceedings for unlawful conduct of employees/former employees;Recovering damages for defamation and breach of contract from employees/former employees;
  • Recovering damages caused by employees from their pension or provident funds;
  • Assisting in Anton Pillar applications; and
  • General litigation where the High Court’s intervention is required to stay execution proceedings against employer’s property/assets.
Forensic Investigations into Business Crimes
  • Assist with the identification and investigation into illegal conduct of employees such as fraud and theft; and
  • Undertaking legal proceedings arising out of forensic investigation.
Jacques Van Wyk career:
  • BA LLB (UCT)
  • 1999 - 2008: Director, Cliffe Dekker
  • 2008 - 2009: Director, ENS
  • 2009: Director, Werksmans
Jacques Van Wyk highlights:
  • Named as a recommended lawyer in Labour & Employment by Legal500 (2010 - 2014)
  • Named as an endorsed lawyer in Labour and Employee Benefits by PLC Which Lawyer
  • Co-authored 'Labour Law in Action – A Handbook on the new Labour Relations Act – 1997' with Frances Anderson
  • Named as a recommended lawyer in Labour by Chambers Global (2017)