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Norwood, Johannesburg · Established 1993
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Hugh Raichlin Attorneys · Norwood, Johannesburg

Labour-law advice for employers and executive-level matters.

Workplace decisions have legal and operational consequences. HRA assists primarily employers and selected executive-level employees with employment contracts, policies, disciplinary processes, restructuring and labour disputes.

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The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.

Published by Hugh Raichlin Attorneys.Legally reviewed by Hugh Raichlin (Principal Attorney & Accredited Mediator) on .

Which issue brings you here?

Contracts and workplace rules

Drafting and reviewing appropriate employment agreements.

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A disciplinary allegation or hearing

Preparation and support for fair, evidence-led disciplinary processes.

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A proposed restructuring

Advice on proposed restructuring and applicable processes.

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A dismissal or dispute already referred

Advice on the forum, procedure and whether legal representation is permitted.

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Labour services

Unfair Dismissal & CCMA Representation

Advice on the forum, procedure and whether legal representation is permitted.

Employment Contracts

Drafting and reviewing appropriate employment agreements.

Retrenchment

Advice on proposed restructuring and applicable processes.

Disciplinary Hearings

Preparation and support for fair, evidence-led disciplinary processes.

Advice that considers process as well as substance

Labour matters fall into a few distinct shapes: a contract or policy question, a disciplinary allegation, a possible retrenchment and a dismissal dispute already referred. Knowing which one you face helps identify the right process and records, without assuming your role.

  • Whether you act as an employer or an employee, and your role in the matter.
  • The type of workplace issue: a contract or policy, discipline, retrenchment or a referred dismissal dispute.
  • The stage of any process already underway and any dates already set.
  • The relevant contract, policies, notices and short timeline, to be provided later if requested.

Tshepo Mohapi is an attorney and labour-law consultant. His experience includes employment policies and manuals, disciplinary hearings, CCMA and bargaining-council arbitration, and Labour Court matters.

The appropriate role may involve advice, preparation, chairing a process or representation where allowed. Those roles are not interchangeable: an independent chair must not be presented as acting as one party's representative in the same hearing.

HRA also assesses selected senior-employee enquiries, including complex contract, disciplinary, termination and restructuring issues. An initial discussion helps determine fit and scope.

Locate your matter in the process

1

Internal decision or hearing

Workplace process and policy.

2

Referral to a dispute-resolution forum

CCMA, bargaining council or applicable forum.

3

Court proceedings or review

Labour Court or review where applicable.

These are possible contexts, not mandatory consecutive stages. The forum, stage and applicable rules affect the advice.

Information to prepare

Identify whether you act for the employer or as an employee, your role, the workplace issue, the stage of any process and any dates already set. An employment contract, applicable policies, notices and short timeline may be requested later.

Common mistakes to avoid

Do not assume an internal policy overrides the legal process, that every workplace dispute belongs at the CCMA, or that legal representation is automatically available at every conciliation or arbitration. The forum and rules must be checked.

Selected published judgments from Tshepo's practice

These civil and commercial proceedings illustrate Tshepo Mohapi's wider litigation experience. They are not presented as reported labour-law or workplace-mediation outcomes.

The judgments record Tshepo Mohapi Attorneys as the instructing practice. These matters form part of Tshepo's professional experience and are not presented as instructions to HRA.

Commercial litigation · Passing off · Business goodwill · Unlawful competition

Applebite: business goodwill and passing-off litigation

Tshepo Mohapi Attorneys

Recorded practice: Tshepo Mohapi Attorneys

Published judgments record Tshepo Mohapi Attorneys acting for the original applicants, and later for the respondents on appeal, in a dispute between restaurant businesses using the Applebite name and branding. The proceedings concerned business goodwill, passing off and competing signage and online marketing.

  1. [2022] ZAGPJHC 706 · 20 September 2022

    Passing-off relief

    The court granted relief to Gonbar Investments CC and Alex Jay Catering CC, the second and third applicants. The dormant first applicant did not establish standing.

    [2022] ZAGPJHC 706 (20 September 2022)

  2. [2022] ZAGPJHC 866 · 2 November 2022

    Opposition to leave to appeal

    The opposing parties' application for leave to appeal was dismissed with costs. The appearances record Tshepo Mohapi Attorneys instructing Advocate A P Allison for the original applicants.

    [2022] ZAGPJHC 866 (2 November 2022)

  3. [2024] ZAGPJHC 22 · 12 January 2024

    Appeal dismissed

    After the Supreme Court of Appeal granted leave to appeal, the High Court full court dismissed the appeal with costs. Tshepo Mohapi Attorneys represented the respondents.

    [2024] ZAGPJHC 22 (12 January 2024)

These decisions concern one dispute. The case is about passing off and goodwill, not a general determination of registered-trademark ownership. The Supreme Court of Appeal granted leave; the reported merits appeal was decided by the High Court full court.

Read [2022] ZAGPJHC 706 on SAFLII
Civil procedure · Rescission proceedings · Vehicle-finance litigation

Lumka v BMW Financial Services: rescission proceedings

[2023] ZAGPJHC 641 · 2023

[2023] ZAGPJHC 641

Recorded practice: Tshepo Mohapi Attorneys

Case number: 5301/2021

In Lumka v BMW Financial Services SA (Pty) Ltd and Another, the court dismissed Lumka's rescission application following non-compliance with an earlier procedural order. The published appearances identify Tshepo Mohapi Attorneys as acting for BMW Financial Services, the first respondent.

This was a favourable procedural result for BMW, not a victory against BMW or a determination of every issue in the underlying finance dispute.

Read [2023] ZAGPJHC 641 on SAFLII
View Tshepo's full profile

Frequently asked questions

Do you focus on employers or employees?
HRA's labour-law focus is on employers and selected executive-level employee matters. The firm assesses each enquiry for suitability and conflicts.
Can an attorney represent me at the CCMA?
That depends on the type and stage of proceedings and the applicable representation rules. The firm will assess whether advice, preparation or representation is appropriate.
Can you assist before disciplinary action starts?
Yes. Early advice can address the intended process, relevant documents and the appropriate role of the legal practitioner.
Can workplace mediation be considered?
It may be appropriate for some disagreements, but it is distinct from adjudication and legal representation. The firm will consider the situation and proposed appointment.

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Fixed-term contracts: a guide for employers and employees

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Discuss the workplace issue before the next decision.

Tell us your role, the stage of the matter and any approaching date.

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