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Ludwig Frahm-Arp, Partner | Labour, Employment & Human Rights

Ludwig Frahm-Arp

Partner Fasken
Successful litigation begins with thorough preparation.
Jurisdiction South Africa, 2002
Language(s) English
Office(s) Johannesburg
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Overview

Ludwig Frahm-Arp is a recognized employment and pension lawyer in Fasken's Johannesburg office. Advising clients in, amongst others, the mining, life sciences, automotive and construction industries, he is known for providing comprehensive advice on individual employment issues, including restraint of trade and unlawful competition issues, collective bargaining and strike management, restructuring, outsourcing and re-organisation of the workplace.  He regularly appears in disputes before the Labour and Labour Appeal Courts, the Commission for Conciliation, Mediation and Arbitration (CCMA), and Bargaining Councils. Ludwig's areas of focus include assisting clients with employment issues relating to due diligences, mergers and acquisitions, and employee benefits.

He has in-depth knowledge in formulating and developing employment contracts, personnel policies and procedures, and employment equity plan, as well as extensively dealing with contentious employment law issues. Ludwig is recognized in Chambers Global for his extensive experience in employment and labour law, maintaining a solid reputation for his experience in contentious employment disputes such as the resolution of pension fund and labour disputes, including unfair discrimination, dismissal and unfair labour practice disputes, and restraint of trade disputes. He has successfully brought and opposed various restraint of trade applications before the Labour Court and High Court of South Africa, as well as various review applications before the Labour Court and Labour Appeal Court. Ludwig also advises on occupational health and safety related issues, and represents employers in OHS inquiries and disputes.

Achievements

  • Recognised nationwide in South Africa in Employment., Chambers Global 2026
  • Best Lawyers, Best Lawyers 2021 to 2025
  • Best Lawyer, Best Lawyers 2021 to 2025
  • Recognised nationwide in South Africa in Employment., Chambers Global 2025
  • Recognised nationwide in South Africa in Employment, Chambers Global 2024
  • Chambers and Partners, Chambers & Partners 2021 to 2023
  • Chambers Global, Chambers Global 2020
  • Chambers and Partners, Chambers & Partners 2020
  • Chambers Global, Chambers Global 2018
  • Chambers Global, Chambers Global 2017

Experience

  • Acted in acquisition of LGC Group, [Deal - LGC Capital Ltd.], Acting for LGC Standards on its acquisition of a South African subsidiary.
  • Client advised on regards to outsourcing of services and the application the Labour Relations Act, [Case - Confidential Client]
  • Reviewing arbitration award in the Labour Court for an employer in respect of an employee who was dismissed for being absent without leave to attend a training to become a sangoma., [Case - Confidential Client], Reviewing arbitration award in the Labour Court for an employer in respect of an employee who was dismissed for being absent without leave to attend a training to become a sangoma.
  • Dispute before the CCMA relating to whether a person is an employee or an independent contractor, [Case - Confidential Client], Representing an employer before the CCMA in respect of a dispute relating to whether a person is an employee or an independent contractor.
  • Bakwena ba Mogopa traditional community acquires of 26% of Xstrata Rhovan, [Deal - Bakwena Ba Mogopa Traditional Community], Advising Bakwena ba Mogopa traditional community with regards to the successful negotiation of the acquisition of 26% of the Xstrata Rhovan (now Glencore Xstrata Rhovan) business. Fasken Martineau advised Bakwena ba Mogopa traditional community with a team led by Lucas Moalusi which included Andr...
  • Royal Bafokeng Resources acquires majority of the Bafokeng Rasimone Platinum Mine Joint Venture, [Deal - Royal Bafokeng Holdings], Royal Bafokeng Holdings (Pty) Limited, through its subsidiary Royal Bafokeng Resources, increased its interest in the Bafokeng Rasimone Platinum Mine Joint Venture to 67%. The mine produces approximately 180,000 Pt oz per annum and includes the R2.4 billion Merensky Phase II Project, as well as t...

Career & Education

Education

  • Certificate, Pension Fund Law University of Witwatersrand
  • LLM University of Witwatersrand
  • LLB University of Witwatersrand
  • BA, Law University of Witwatersrand

Memberships & Affiliations

  • Member Legal Practice Council of South Africa
  • Past President South African Society for Labour Law

Knowledge

  • A Dismissal Does Not Invalidate a Restraint of Trade, 5/11/2026
  • Labour Appeal Court Confirms Dismissal for Unauthorised Gathering and Insubordination, 2/11/2026
  • A Snapshot of the National Minimum Wage for 2026, 2/5/2026
  • Differentiated Retirement Ages: Fair or Discriminatory? The Labour Court’s Decision in Viljoen v PPEW, 11/3/2025
  • Hedging your bets in litigation is not permissible, 5/8/2025
  • Working on the Weekend Like Usual, 12/13/2024
  • Can an Employee Get Paid Additional Remuneration by the Company They Are Seconded To?, 8/12/2024
  • Shopping for the best result – do you pursue an unfair dismissal dispute or a breach of contract dispute, 8/6/2024
  • Can a Restraint of Trade Agreement be enforced in the face of a 'Full and Final' Settlement Agreement?, 6/30/2023
  • Changes to the Employment Equity Act, 4/17/2023

Events

  • Labour, Employment & Human Rights Breakfast Seminar, 11/21/2023
  • The important aspects of the recent amendments to South Africa's labour legislation, 2/15/2019
  • Equal Pay for Work of Equal Value - What have the courts said?, 7/14/2016
  • Obligations for Employers in terms of the Protection of Personal Information Act, 8/1/2014

News

  • Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa, 11/11/2021
  • Ludwig Frahm-Arp Re-Elected as the National President for the South African Society of Labour Law, 10/1/2019
  • cirhr.utoronto.ca mentions Ludwig Frahm-Arp in an article on the state of South African labour laws and workplace relations, 11/23/2018
  • The significance of the South African Labour Law Society in its 21st year, 9/10/2018
  • eNCA interviews Ludwig Frahm-Arp in a report on Eskom employees going on strike, 6/14/2018
  • 702.co.za interviews Ludwig Frahm-Arp on unions rights in the workplace, 4/4/2018
  • Chambers Global 2018 recognizes 54 Fasken lawyers in 19 practice areas firm-wide, 2/19/2018
  • Fasken Martineau Recognized in the 2017 Edition of The Legal 500 Europe, Middle East and Africa, 4/28/2017
  • Fasken Martineau receives Band 1 rankings in four practice areas in Chambers Global 2017, 3/20/2017
  • The Best Lawyers in South Africa 2017: 13 Fasken Martineau lawyers ranked, 11/10/2016

Publications

  • Arbitrary not equal to discriminatory, 6/1/2020
  • SOUTH AFRICA - The Continued Omnipotence of the Principle of Majoritarianism in South Africa Labour Law, 3/1/2020
  • The fallacy of the "Equal Pay for Equal Work" claim, 5/1/2019
  • Not always a need to have a separate hearing on sanction, 4/1/2019
  • Power supply constrained as Eskom employees picket, 6/14/2018
  • Unions in the Workplace, 4/4/2018
  • The non-resignation of Eskom Executive Koko, 1/26/2018
  • Equal pay for equal work is not meant to be taken literally, 11/1/2017
  • Beware the consequences, 9/1/2017
  • A tale of a parking space and not-racist racist comment, 6/1/2017
Article, Co-Author Arbitrary not equal to discriminatory Without Prejudice
Article, Author The fallacy of the "Equal Pay for Equal Work" claim Without Prejudice

Speaking Engagements

  • Labour Law News Conference 2025, 6/26/2025
  • New-Era Innovations in Medical Devices and their Regulation under South African Law, 9/29/2021
  • South African Society for Labour Law 2018 Conference, 9/6/2018