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