JACQUES VAN WYK
Jacques has in excess of 25 years' worth of experience, specialising 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 a significant amount of experience conducting employment law compliance audits and due diligence investigations and occupational health and safety compliance audits. Jacques practice extends across a broad range of industries and sectors and he is well versed at drafting employment contracts and letters of appointment, drafting of disciplinary codes and procedures, drafting grievance procedures, chairing disciplinary enquiries and appeals and advising on dismissals related to misconduct, poor performance, ill-health and operational requirements across all these industries and sectors. Jacques has represented clients in all employment law fora in relation to a wide range of employment law disputes arising under the LRA, EEA, BCEA and out of employment and collective agreements. He has run arbitrations in the CCMA and numerous Bargaining Councils and has run trials and motion proceedings the Labour and Labour Appeal Courts and the Supreme Court of Appeals. He has litigated on behalf of clients in relation to automatically unfair and other forms of unfair dismissal disputes. He has obtained advised clients in relation to strike and lockout matters and has successfully applied for interdicts against unlawful strikes as well as against unlawful conduct during protected strikes. He has dealt with discrimination disputes under the EEA, dismissal of strikers disputes and Bargaining Council demarcation disputes.
- General Motors / Isuzu: Jacques acted 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.
- Jacques acted for 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
- Jacques acted for 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
- He advised 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.
- BA LLB (UCT)
- 1999 - 2008: Director, Cliffe Dekker
- 2008 - 2009: Director, ENS
- 2009: Director, Werksmans
- Named as a recommended lawyer in Labour & Employment by Legal500 (2010 - 2018)
- Named as a recommended lawyer (2008) and an endorsed lawyer (2011) 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 -2018).