Daphney is an Employment, Labour and Broad-Based Black Economic Empowerment law lawyer. Daphney’s areas of focus include advising clients on compliance with general employment and labour law in South Africa which includes preparing and reviewing employment contracts, employment related agreements, workplace policies and practices. Daphney advises clients on the implementation and enforcement of the workplace rules and policies. She also conducts investigations and prepares investigation reports on behalf of companies.
Daphney’s practice also includes advising and representing clients in employment related litigation which includes, internal hearings, unfair dismissal disputes, unfair labour practice disputes, unfair discrimination disputes and restraint of trade litigations. Daphney has chaired disciplinary hearings and has appeared in the CCMA, NBCCI, MEIBC and the Labour Court.
Daphney also advises and represents clients in various commercial transactions and projects such as mergers and acquisitions, retrenchment and restructuring exercises undertaken in terms of section 189 and 189A of the Labour Relations Act, 1995 and the employment law aspects of sale of businesses and sale of shares transactions. Daphney has been part of numerous due diligences aimed at determining companies’ compliance with the various employment law in South Africa.
Daphney advises clients on collective bargaining matters, including disputes concerning the enforcement and application of collective agreements, and strike related matters.
Over and above providing clients with general employment advice, Daphney advises clients on the application of and compliance with the Codes of Good Practice and sector codes issued in terms of the Broad-Based Black Economic Empowerment Act, as well as the Mining Charter. Daphney has been involved in the establishment of employee share ownership schemes which are aimed at facilitating transformation of companies’ ownership and management. She has had frequent engagements with the B-BBEE Commission on the structuring of companies’ black shareholding and represented companies in investigations initiated by the B-BBEE Commission.
Daphney was part of the team that advised ICASA in the public participation process in respect of Regulations in respect of the Limitations of Control and Equity Ownership by HDG and the application of the ICT Sector Code. Daphney and the team were also intricately involved in the drafting of the final Regulations in respect of the Limitations of Control and Equity Ownership by HDG and the application of the ICT Sector Code which were published in terms of the ICASA Act and the Electronic Communications Act.
Daphney further advises clients in health and safety inquiries conducted by the Department of Labour and the Department of Mineral Resources.
Daphney recently completed her LLM, in Labour Law at the University of Witwatersrand. It included courses in individual and collective labour law.
