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.
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.
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.
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.
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.
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.
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.
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.
Our Employment Law team hosted their first webinar where they reflected on 2021 and identified key themes for 2022.
This year, the 16 Days of Activism for No Violence against Women and Children Campaign focused on moving from awareness to accountability.
