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Phetheni Nkuna

Director: Executive Management

Phetheni Nkuna is Director: Executive Management. 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.

+27 (0)11 562 1478
phetheni.nkuna@cdhlegal.comJohannesburg
Phetheni Nkuna

About Phetheni

About Phetheni

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 joined Cliffe Dekker Hofmeyr as a Director in 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).

Credentials

Credentials

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.

About Phetheni

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 joined Cliffe Dekker Hofmeyr as a Director in 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).

Credentials

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.

Experience

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.

News

Mental Health in the workplace: Constructive dismissal based on mental ill health?
Employment Law

Mental Health in the workplace: Constructive dismissal based on mental ill health?

In the post covid landscape there has been a warranted increased awareness on mental health in the workplace. In Sanlam Life Insurance Ltd v Mogomatsi and Others (CA 12/2022) , the...
Terminating a fixed term service contract and the transfer of a business as going concern
Employment Law

Terminating a fixed term service contract and the transfer of a business as going concern

Does the lapsing or termination of a fixed-term contract for the provision of a particular service give rise to a transfer in terms of section 197 of the Labour Relations Act 66 of...
Global increase trends in the minimum wage rate
Employment Law

Global increase trends in the minimum wage rate

There is no universal approach to a minimum wage, or a set appropriate level of a minimum wage. This could perhaps explain why countries such as Austria, Belgium, Denmark, Finland,...
Retrenchments: Transformation, a selection criterion?
Employment Law

Retrenchments: Transformation, a selection criterion?

When an employer contemplates dismissals based on operational requirements, section 189(1) of the Labour Relations Act 66 of 1995 (LRA) requires the employer to consult any person...
Post-probation dismissal for failing (not refusing) to vaccinate unfair: CCMA award
Employment Law

Post-probation dismissal for failing (not refusing) to vaccinate unfair: CCMA award

On 5 April 2022 the CCMA issued an award in the matter of Zaphia September v Inyosi Empowerment (WECT17050-21), where it held that the dismissal of an employee who failed (although...

All articles by Phetheni
Laws adapted to prevent and eliminate harassment in the workplace
Employment Law

Laws adapted to prevent and eliminate harassment in the workplace

Phetheni Nkuna, Director in our Employment Law practice joined eNCA to discuss laws adapted to prevent and eliminate harassment in the workplace.
A Changing Workplace: Diversity, Retention and Flexibility
Employment Law

A Changing Workplace: Diversity, Retention and Flexibility

Employment Law experts hosted a webinar titled - A Changing Workplace: Diversity, Retention and Flexibility.
Zimbabwean Exemption Permits: What you need to know
Employment Law

Zimbabwean Exemption Permits: What you need to know

Deadline for holders of Zimbabwean Exemption Permits has been extended until 31 December 2023.
I tweet what I like
Employment Law

I tweet what I like

Social media has radically transformed our modes of communication, however, there are inherent dangers, given the public nature of these platforms. Phetheni Nkuna, Director in our...
The importance of confidentiality
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...

All videos by Phetheni
WOZA Podcast Two - The challenges women in law face today
Firm News

WOZA Podcast Two - The challenges women in law face today

Join CDH Conversations as we continue to commemorate 100 years of women in law. This series of three episodes, hosted in collaboration with WOZA Women in Law explores the history and...
South Africa's anticipated policy and legislative reform on the employment of foreign nationals
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...
The best practice regarding 'side hustles' and the workplace
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...
Reflecting on 2021 and navigating 2022
Employment Law

Reflecting on 2021 and navigating 2022

Our Employment Law team hosted their first webinar where they reflected on 2021 and identified key themes for 2022.
Insight for employees who are victims of sexual harassment in the workplace

Insight for employees who are victims of sexual harassment in the workplace

This year, the 16 Days of Activism for No Violence against Women and Children Campaign focused on moving from awareness to accountability.

All podcasts by Phetheni

Market recognition

  • The Legal 500 EMEA 2023 mentioned Pheteni for employmen
  • Africa Legal Awards: Private Practice Rising Star nominee (2020)

Market recognition

  • The Legal 500 EMEA 2023 mentioned Pheteni for employmen
  • Africa Legal Awards: Private Practice Rising Star nominee (2020)

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