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.
The importance of confidentiality
3 February 2022 Employment Law

The importance of confidentiality

As most South African employers formally implement work-from-office or hybrid work policies, both employers and employees must remain mindful of the risk of sexual harassment in virtual and physical work environments.

Sexual harassment in the workplace
13 December 2021 Employment Law

Sexual harassment in the workplace

Phetheni Nkuna Director in our Employment Law practice joined eNCA to discuss sexual harassment in the workplace whether virtually or physically, still remains a problem.

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.

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South Africa's anticipated policy and legislative reform on the employment of foreign nationals
4 April 2022 Employment Law

South Africa's anticipated policy and legislative reform on the employment of foreign nationals

On 28 February 2022, the Minister of Employment and Labour published a Draft National Migration Policy and Employment Services Amendment Bill for public comment. This podcast focuses on the Bill which seeks to regulate and facilitate the employment of foreign nationals. Once enacted, the Minister will be able to introduce quotas for the employment of foreign nationals either across sectors, occupational categories, nationally, or within one or more regions in a sector. Employers of foreign nationals will be required to ascertain that they are entitled to work in South Africa, and to perform the work for which they are employed, satisfy themselves that no other person in South Africa (other than foreign nationals) has requisite skills to fill the vacancy – before recruiting the foreign national, and to prepare a skills transfer plan. Finally, digital labour platforms will be recognised as employers.

The best practice regarding 'side hustles' and the workplace
10 February 2022 Employment Law

The best practice regarding 'side hustles' and the workplace

Striking a balance between the demands of a second line of employment, whilst maintaining deliverables in one’s primary 9-5, can result in blurred lines, and potentially result in trouble. Phetheni Nkuna, Director in our Employment Law Practice unpacks the best practice regarding 'side hustles' and the workplace with Smile FM.

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