Phetheni Nkuna

Understanding and managing differences in generations, culture, and gender in the workplace

Following a dynamic and engaging panel discussion on the topic - and valuable feedback received at the recent Employment Law Conference - our team has taken a closer look at generational...

The art of mentorship through women’s lenses

Join us for another episode of the CDH Women Empowerment Podcast Series.

Lock-out legitimised: The legality of lock-outs in negotiating employee benefits

In the recent case of South African Commercial Catering and Allied Workers Union (SACCAWU) obo Members v Phala N.O and Others 2 BLLR 176 (LAC) the Labour Appeal Court (LAC) confirmed...

2025 labour law changes a positive step toward an inclusive employment landscape

Phetheni Nkuna, Director in the Employment Law practice recently joined Jeremy Maggs on Hot 1027 to discuss some of the recent formative labour law changes that mark a positive step...

The critical need for greater accountability in South Africa's public service

Imraan Mahomed and Phetheni Nkuna, Directors in the Employment Law Practice, were recently featured in the Business Day Public Sector supplement, discussing the critical need for greater accountability...

A new era for traditional healers: A step towards formalisation and regulation

In a significant step towards formalising the practice of traditional healing in South Africa, the Traditional Health Professional Regulations, 2024 (Regulations) were published in...

Beyond status: Parameters of section 198D of the LRA, and competent relief for current and former employees

Section 198D of the Labour Relations Act 66 of 1995 (LRA) contains general provisions applicable to sections 198A to 198C, and vests the Commission for Conciliation, Mediation and...

Webinar Recording | Workplace harassment in Africa Obligations of an employer

In this webinar, our presenters explored the duties and obligations of employers.

Take care before you share: The dangers of social media use in the workplace

Advancements in technological gadgets such as smart phones and laptops, as well as the recent breakthroughs made with artificial intelligence, have undoubtedly made our lives easier...

Webinar recording | Social media and the workplace

Our experts discuss when conduct on social media has a bearing on the workplace.

Is any agreement capable of enforcement under the Labour Relations Act?

Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia , make an arbitration award or any settlement agreement an order...

Another draft Employment Equity economic sector targets: Have comments been considered?

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.

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...

A Changing Workplace: Diversity, Retention and Flexibility

Employment Law experts hosted a webinar titled - A Changing Workplace: Diversity, Retention and Flexibility.

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...

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...

Zimbabwean Exemption Permits: What you need to know

Deadline for holders of Zimbabwean Exemption Permits has been extended until 31 December 2023.

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,...

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...

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

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...

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...

WEBINAR RECORDING | From disaster to recovery: The time to act is now

As we transition out of the National State of Disaster, we are stepping into the oft-proclaimed "new normal".

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

Our Employment Law team hosted their first webinar where they reflected on 2021 and identified key themes for 2022.

Webinar Recording | 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.

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...

Does the employer’s duty to provide a safe working environment extend to violence emanating from inter-union rivalry?

An employer’s obligation to provide a safe and healthy working environment for its employees, especially during violence emanating from inter-union rivalry, recently came under the...

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.

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.

Alleging a ‘continuing wrong’ to obfuscate the timeframes in section 198D of the Labour Relations Act: The LAC has its say

On 29 November 2021, the Labour Appeal Court (LAC) delivered judgment in the case of Amalungelo Workers Union obo Mayisela and 26 Others v Unilever South Africa and Others .

Employers have resorted to using tattleware

With the rise of work from home and hybrid working models, more employers have resorted to using tattleware, remote monitoring software which enables them to monitor online activity...

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...

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....

Disciplinary proceedings for the conduct outside of the workplace

Phetheni Nkuna, Director in our Employment Law practice, joined Cape Talk to discuss disciplinary proceedings for misconduct outside of the workplace.

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...

The rise in Tattleware

Employment Law Director Phetheni Nkuna joined Breakfast with Refilwe Moloto on Cape Talk, to discuss the rise in Tattleware and whether or not your employee has the right to watch...

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...

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...