Employment Contract Lawyers in Johannesburg
Employment terms should be clear, lawful and suitable for the actual role. Hugh Raichlin Attorneys assists employers with drafting and reviewing employment contracts, executive arrangements and related workplace policies, and considers selected executive employee instructions.
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.
Attorney & Labour Law Consultant
Employer advisory work including contracts, policies and workplace procedure manuals.
This page is for you if…
- You are hiring and need an appropriate contract.
- An executive package or restraint requires review.
- Existing templates are inconsistent or outdated.
- A proposed variation, fixed term or termination arrangement needs advice.
How Hugh Raichlin Attorneys can help
A useful drafting or review exercise checks that the terms match the actual role, are lawful and work with your policies. The label in a document does not by itself determine employment status, and executive terms usually need individual review rather than a standard template.
| Term | Practical question to check |
|---|---|
| Role and duties | Do the duties, reporting lines and position match the actual work? |
| Remuneration | Are pay, incentives and review arrangements clear and lawful? |
| Working arrangements | Are hours, place, leave and probation appropriate where relevant? |
| Policies | Do the contract, disciplinary and grievance rules agree with each other? |
| Changes and exit | What happens on variation, transfer or termination, and is it lawful? |
Draft and review terms
We assess duties, remuneration, hours, probation, leave, confidentiality, intellectual property, restraint provisions and termination. The issues that matter depend on the role and operating model.
Align policies and actual practice
Contracts, disciplinary rules, grievance procedures and staff manuals should not contradict one another. Policies need to be communicated and implemented, not merely stored.
Advise on changes and exits
Variations, transfers, restructuring and separation agreements can have legal consequences beyond the drafting exercise. Appropriate consultation or other steps may be required.
What to consider before deciding
The label does not determine every legal consequence
Calling someone an independent contractor or placing an expiry date in a document does not answer every question about employment status or statutory protection.
Executive terms need individual review
Remuneration, incentives, restraints, confidentiality and departure terms can have substantial consequences. A standard junior-employee template may not address them adequately.
Keep numerical rules current
Minimum standards, earnings thresholds and other requirements change. They should be verified for the role and date rather than copied from an old agreement.
An employment contract framework
Role
Define duties, reporting lines and the actual position.
Pay
Set remuneration, incentives and review arrangements.
Working arrangements
Address hours, place, leave and probation where relevant.
Duties and protections
Confidentiality, IP and restraint provisions suited to the role.
Policies
Align disciplinary, grievance and staff procedures.
Change and exit
Address variation, transfer and termination arrangements.
A contract should align with policies and applicable law. No blanket waiver or automatic enforceability follows from a signature alone.
The next steps
- 1Explain the role, business needs and existing documents.
- 2Review legal requirements and key commercial terms.
- 3Draft or negotiate the agreement and connected policies.
- 4Confirm signature, communication and implementation steps.
Information to prepare
A brief enquiry is enough to start. Keep the relevant information below available for the consultation where possible. Send sensitive documents only when the firm requests them through an appropriate channel.
- The existing contract or template and the role description.
- Remuneration and incentive arrangements.
- Relevant workplace policies and intended working pattern.
- Confidentiality, intellectual-property or restraint requirements.
- Relevant collective or sector arrangements.
Common mistakes to avoid
Avoid using a contractor label to bypass employee protections, copying outdated statutory figures, changing terms without advice or assuming a broad restraint is always enforceable.
Relevant experience for your matter
Tshepo's employer advisory work includes staff, disciplinary and workplace procedure manuals. HRA's commercial capability can support related executive and business arrangements.
Tshepo Mohapi
Attorney & Labour Law Consultant
LLB · University of Johannesburg
Employer advisory work including contracts, policies and workplace procedure manuals.
View Tshepo's profile
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Commercial capability supporting executive and business arrangements connected to employment.
View Hugh's profileSelected 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.
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.
[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)[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)[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.
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.
Frequently asked questions
Can you review an executive employment agreement?
Yes. Selected executive instructions are considered, subject to conflicts and suitability.
Can employees sign away statutory rights?
A signature does not automatically override mandatory legal protections. The terms need legal assessment.
Will a fixed-term label always end the relationship without risk?
No. The law, facts and surrounding circumstances must be considered.
Can you align contracts with workplace policies?
Yes. That can form part of an agreed employer advisory instruction.
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Useful sources
- Department of Employment and LabourEmployment legislation and official workplace resources for checking the terms used in employment contracts, staff policies and working arrangements.
Get terms suited to the role.
Tell us the position, existing documents and the issues that matter. We will assess the legal requirements and draft or review the agreement.
How to get started
- 1
Send a brief enquiry, or start an AI-assisted WhatsApp enquiry at any time.
- 2
The initial telephone discussion is free and helps the firm assess whether it can assist. Where the firm may be able to help, an attorney ordinarily follows up within one working day after receipt.
- 3
Where appropriate, a paid consultation is arranged. Its scope and fees are confirmed separately; consultations are usually in person, with remote arrangements considered where suitable.
WhatsApp AI gathers initial information; it does not provide legal advice. An enquiry does not confirm an appointment, acceptance of a matter or action on a deadline.