Phetheni Nkuna

Phetheni Nkuna

Director

Phetheni Nkuna is a Director in our Employment Law practice. She focuses on employment law and has represented clients (both employers and employees) across different industries in various disputes ranging from dismissal related to misconduct, incapacity and operational requirements; restraints of trade; unfair labour practice; and employment equity. Phetheni also provides advisory and strategic support to clients and has conducted training on different aspects of conflict management and dispute resolution. She represents clients in the CCMA, bargaining councils, and the Labour Court. In addition to the practice of law, Phetheni has given commentary on topical issues across radio and television platforms.

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Phetheni Nkuna joined Routledge Modise Inc. as a Candidate Attorney in 2013. She was admitted as an attorney on 5 March 2015. She served as an Associate and was promoted to Senior Associate whilst the firm traded under the name, Hogan Lovells. She was subsequently appointed as a Partner with Lawtons Africa in April 2020. 

She joins Cliffe Dekker Hofmeyr as a Director effective from 1 October 2020. 

Phetheni holds LLB and LLM degrees, Certificate in Advanced Labour Law, and is currently studying towards her Post Graduate Diploma: Business Administration, and Master of Business Administration (MBA) degree with the Gordon institute of Business Science (GIBS).

Phetheni's experience ranges from dismissal disputes (misconduct, incapacity and operational requirements) restraints of trade, section 197 transfers, organisational rights and wage disputes, initiating and chairing disciplinary and grievance enquiries, and employment equity. She has represented clients in the CCMA, bargaining councils and the Labour Court.

She has serviced clients across the logistics, aviation, mining, conservation, medical, courier services, financial services, and information technology sectors. In addition, she has also done work for special units of some government departments.

  • Africa Legal Awards: Private Practice Rising Star nominee (2020)

Education

  • 2019 LLM (Labour Law), University of Pretoria
  • 2017 Certificate in Advanced Labour Law, University of Pretoria
  • 2012 LLB, University of Limpopo
  • Year of admission as an attorney: 2015
  • Registered with the Legal Practice Council
  • Post Graduate Diploma: Business Administration, and Master of Business Administration (MBA) degree with the Gordon institute of Business Science (GIBS), 2020 - 2021.
COVID-19 Vaccine
4 February 2021 Employment Law

COVID-19 Vaccine

South Africa's first batch of vaccines were delivered this week. While the distribution is being seen as key to the ending the pandemic, on Monday night President Cyril Ramaphosa confirmed that government had no intention making COVID-19 vaccination mandatory. Employment Law Director Phetheni Nkuna joined Newzroom Afrika's News @ Prime to unpack the intricacies around the legislative landscape and the question of vaccinations in the workplace.

Working from home and consuming alcohol or drugs
19 October 2020 Employment Law

Working from home and consuming alcohol or drugs

Employment Law Director Phetheni Nkuna joined SABC's Morning Live to discuss the legalities around the consumption of and intoxication from alcohol, drugs and dagga while working remotely during the COVID-19 pandemic.

Dismissed for reporting COVID-19 related symptoms
10 August 2021 Employment Law

Dismissed for reporting COVID-19 related symptoms

In this podcast we explore a case where an employee was dismissed for disclosing her boss' COVID-19 related symptoms to hospital management. This was neither defamation nor breach of confidentiality as such information would ordinarily be disclosed during screening. We consider the relevant considerations that employers must take into account before instituting disciplinary proceedings in these circumstances, and the right to a hearing even for employees on probation.

Legalities related to the workplace and employment relationship following the civil unrest
5 August 2021 Employment Law

Legalities related to the workplace and employment relationship following the civil unrest

Phetheni Nkuna, Director in our Employment Law practice, joined SAfm to discuss the legalities related to the workplace and employment relationship following the recent civil unrest. She deliberates on employers' rights where employees are seen, and even identified on social media, participating in unlawful activities during the civil unrest.

Can employees temporarily close their doors
19 July 2021 Employment Law

Can employees temporarily close their doors

Phetheni Nkuna, Director in our Employment Law practice, joined Cape Talk to discuss the impact of the current civil unrest on employees, and the recourse available to an employer who is forced to unexpectedly close its doors.

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