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Paul Fouche, Partner | Labour, Employment & Human Rights

Paul Fouche

Partner Fasken
In today’s fast-paced and changing business environments partnering with our client’s to solve complex legal matters is a necessity.
Jurisdiction South Africa, 1994
Language(s) Afrikaans, English
Office(s) Johannesburg
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Overview

Paul Fouche, has more than 25 years of experience, and is known for his skilful advice on employment law matters, including B-BBEE, and occupational and mine health and safety. He heads up our multi-skilled team of labour and employment lawyers servicing clients across a broad range of sectors.

He advises on employee benefits, restructuring, outsourcing, labour broking, employee share schemes, restraint of trade agreements and unlawful competition. He specialises in the resolution of labour disputes, such as unfair discrimination, dismissals, unfair labour practices, strike management, and the interpretation and application of employment statutes and labour law.

His practice also involves assisting clients with remuneration structuring, employment issues in mergers and acquisitions, and collective bargaining. Paul develops employment contracts, personnel policies and procedures, and advises on the implementation of employment equity.

He has recent experience sitting as an acting judge in the Labour Court of South Africa. Paul is also a part-time lecturer in an LLM course at the University of Pretoria.

Achievements

  • Recognised nationwide in South Africa as Band 3 in Employment., Chambers Global 2026
  • Best Lawyers, Best Lawyers 2021 to 2025
  • Best Lawyers, Best Lawyers 2021 to 2025
  • Recognised nationwide in South Africa in Employment., Chambers Global 2025
  • Recognized by Best Lawyers in Occupational Health and Safety Law, Best Lawyers 2025
  • Best Lawyers, Best Lawyers 2024 to 2025
  • 2024 Chambers Global Employment, Chambers Global 2024
  • Chambers and Partners, Chambers & Partners 2020 to 2023
  • Best Lawyers , Best Lawyers 2022
  • Labour and Employment 2015 - 2017, The Legal 500 Europe Middle East and Africa 2015 to 2017

Experience

  • Innovators Resources Proprietary partnered with Wescoal Mining Proprietary, [Deal - Innovators Resources Proprietary Limited], Innovators Resources Proprietary Limited partnered with Wescoal Mining Proprietary Limited to acquire the business operations in relation to the Arnot Mine from Exxaro Coal Mpumalanga. This is a Broad Based Empowerment Transaction which is intended to benefit the previously retrenched employees o...
  • Implats set up an Employee Trust for its Subsidiary Impala Platinum, [Case - Confidential Client]

Career & Education

Education

  • LLM University of Johannesburg
  • LLB University of Johannesburg
  • B Comm, Law University of Johannesburg

Memberships & Affiliations

  • Member Legal Practice Council of South Africa

Knowledge

  • Modernising Workplace Discipline: A Short Guide to the 2025 Dismissal Code, 9/9/2025
  • Investing and Conducting Business in South Africa, 5/1/2019

Events

  • Labour, Employment & Human Rights Breakfast Seminar, 11/21/2023
  • All you need to know about restructuring and retrenchment exercises, 18 months into the national lockdown, 10/13/2021
  • Managing Employees in a Post-COVID-19 Environment, 3/5/2021
  • The important aspects of the recent amendments to South Africa's labour legislation, 2/15/2019
  • Fasken Mining Seminar in Johannesburg, South Africa - Finding Solutions and Viable Alternatives, 10/2/2018
  • Seminar: Effects and Implications of the Latest Draft Mining Charter, 6/21/2018
  • Effects and Implications of the New Mining Charter (2017), 6/21/2017
  • Draft Mining Charter, 5/10/2016

News

  • Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa, 11/11/2021
  • Fasken Martineau Recognized in the 2017 Edition of The Legal 500 Europe, Middle East and Africa, 4/28/2017
  • The Best Lawyers in South Africa 2017: 13 Fasken Martineau lawyers ranked, 11/10/2016
  • Mining Weekly quotes Paul Fouche and Neil Searle in an article about a silicosis class action in South Africa, 7/1/2016
  • Mining Weekly quotes Lucas Moalusi, Paul Fouche, Sabelo Dlamini and Lameeze Jean-Pierre in an article about a panel discussion on the new draft Mining Charter, 5/10/2016
  • Fasken Martineau recognized in the 2016 edition of The Legal 500 Europe, Middle East and Africa, 4/21/2016
  • Mining Weekly quotes Paul Fouche and Lameeze Jean-Pierre in an article about the alignment of the Mining Charter with the revised codes of the BBBEE, 7/17/2015
  • Engineering News quotes Ludwig Frahm-Arp and Paul Fouche in an article on the Amendments to the Labour Relations Act (LRA) in South Africa, 1/16/2015
  • The Best Lawyers in South Africa 2015: 14 Fasken Martineau lawyers ranked, 10/30/2014
  • EWN features a radio interview with Paul Fouche on the ongoing strikes by workers in the platinum sector, 5/28/2014

Publications

  • The Health and Safety Implications of Remote Working in light of Covid-19, 5/6/2020
  • Investing and Conducting Business in South Africa, 5/1/2019
  • 3 Key Law Areas To Know When You Launch That Start-Up, 5/7/2018
  • Precautionary measures highlighted by explosives regulations, 9/18/2017
  • Gold miners’ silicosis case could open floodgate for litigation in other sectors, 7/1/2016
  • Draft Mining Charter under intense legal scrutiny, 5/10/2016
  • Unpacking the new trackless mobile machinery regulations, 7/3/2015
  • Draft Mining Charter seeks to clear up equity ownership confusion, Mining Weekly

Speaking Engagements

  • Agile Working Solutions in a Changing Workplace - The ER/HR Conundrum, 2/28/2020
  • Mining Charter III - Where do we really stand?, 11/9/2017
Speaker Agile Working Solutions in a Changing Workplace - The ER/HR Conundrum Fasken Seminar
Guest Speaker Mining Charter III - Where do we really stand? GSSA Exploration Showcase