John Brand BA LLB (Wits) is a director of Bowman Gilfillan and head of the ADR practice area. He is a director of Conflict Dynamics cc, Tokiso Dispute Resolution (Pty) Ltd. and is co-Chairperson of the African Mediation Association. He specialises in dispute resolution and the training of negotiators, mediators and arbitrators and is a Centre for Effective Dispute Resolution (CEDR UK) accredited mediator.
Over the past 20 years he has arbitrated and mediated many large commercial and employment disputes and he regularly facilitates negotiation, strategic planning and transformation processes.
He co-designed the conciliation and arbitration induction training for the Commission for Conciliation Mediation and Arbitration (CCMA) and has trained many of South Africa’s employment and commercial mediators and arbitrators for the past 15 years.
He was a member of the International Labour Organisation’s team of international experts appointed to design mediation training for developing countries and he regularly trains mediators from countries in Africa, Asia, Eastern Europe and South America. The International Labour Organisation has also commissioned John to design training material and to train parties and trainers from countries across the world in mutual gain negotiation. This training material has been translated into French, Portuguese and Arabic and is used extensively throughout the world.
John has also participated in two facilitations in the Northern Ireland peace process for the communities of Belfast and Portadown and has trained and consulted to parties in the Basque peace process.
He has written extensively in journals and other publications and co-authored the book “Labour Dispute Resolution” published by Juta.
Areas of Practice
Dispute Resolution
Mediation
Arbitration
ADR
Training
Employment Law
Robin has BA and LLB degrees from Wits University and was admitted as an attorney in 1984.
Robin has extensive experience in litigation and employment law and has concentrated on employment law since the late 1980’s. He advises on a broad range of employment issues, including mergers, transfers, dismissals, collective disputes, strikes, restraints of trade, discrimination, employment equity and sexual harassment. Robin has wide ranging litigation experience and appears in the Labour Court and in arbitrations. Robin is also admitted as a solicitor on the non-practising roll of the Law Society of England and Wales.
B Comm LLB (Wits)
LLM (London)
H Dip Company Law (Wits)
Graham Damant is a partner in Bowman Gilfillan’s Employment Law department. He practices in all areas of employment law but specialises in employee benefits and in particular issues surrounding pension funds, medical aid and share option schemes.
In the pensions field, Graham has been involved in advising a number of employers and pension funds on the surplus legislation. He is dealing with a number of disputes involving alleged improper use of the surplus by employers. He is involved in assisting pension funds to regularise their affairs in circumstances where there has been non-compliance with the Pension Fund Act.
On the employee benefits side, Graham has been involved in advising a number of employers on the proper exercise of discretions where such discretions exist in share option schemes and in other benefit funding vehicles. He is currently involved in assisting an employer in pending litigation involving changes to its medical aid scheme.
On the labour side, Graham has been involved in a number of high profile dismissal disputes involving senior executives. His advice is sought by both employers and senior executives in circumstances where termination arrangements need to be agreed.
Practice Focus
• Employment Law
BA Legal Studies and Zulu (University of Natal, Pietermaritzburg)
LLB (University of Natal, Pietermaritzburg.)
Rosalind specializes in general employment law which includes, inter alia, giving advice on: the Basic Conditions of Employment Act; retrenchments; section 197 transfers; how to deal with disciplinary and poor performance issues in the work place; Employment Equity; how to prepare for and run disciplinary hearings; how to chair disciplinary hearings. She is also interested in employment litigation and appearance work and drafting employment related policies and contracts.
Karen graduated with the BA and LLB degrees from Stellenbosch University and was admitted as an attorney in 1991.
Karen has practised employment law since 1991 and advises mainly employers and executive employees. She has a special interest in matters relating to race and gender discrimination and has published articles in this field. Karen is a mediator and arbitrator on the Tokiso panel and prior to the amendment of the Labour Relations Act sat as an assessor in the Labour Appeal Court. She also appears on behalf of clients in the Labour Court and in arbitration. Recently, Karen has done a considerable amount of work in relation to the employment law consequences of commercial transactions and, in particular, section 197 of the Labour Relations Act. In November 2003, Karen sat as an acting judge in the Labour Court.
David Geral is a founding partner of the firm’s Employee Benefits Group. He has specialised in pensions, healthcare and employee benefits law and in employment-related aspects of mergers and acquisitions since 2000.
In the benefits area, David regularly advises local corporations and private as well as industry retirement funds, medical schemes and their service providers, on matters including governance, unclaimed benefits, surplus apportionment and dispute resolution. He has represented and advised funds, schemes and participating employers in relation to matters before the Pension Funds Adjudicator, the Council for Medical Schemes, the Competition Commission, the FSB Appeal Board, the Equality Court and in the High Court.
David advises employers, and occasionally employees, in relation to restraints of trade (non-compete convenants), and post-retirement medical funding obligations. He often conducts due diligences in respect of these aspects of target businesses.
David is also involved in trustee training.
David has advised a number of multi-national and local companies in various merger and acquisition transactions from an employment and benefits perspective.
David is the coordinator of Bowman Gilfillan’s pro bono programme and the Lex Mundi Pro Bono Committee’s Regional Chairperson for Africa.
Practice focus
· Pensions
· Healthcare
· Employee benefits
· Employment
· Business and employee transfers
· Training - Employee Benefits cal and Incentive Schemes
Jerry Kaapu is a partner in the Employment Law Department of Bowman Gilfillan Inc. He practices general employment law, specialises in the law of unfair dismissals and is also an Industrial Relations trainer, mediator and arbitrator.
Jerry has B Proc and LLB degrees from the University of the Western Cape and was admitted as an attorney in 1998.
Jerry’s practice is centred largely on advising corporate and public sector clients on various aspects of employment law, inter alia collective bargaining, strikes, reviews, rescissions, restructuring & unfair dismissals; industrial relations, litigation in private arbitrations, litigation in the CCMA, litigation in the Labour and Labour Appeal Courts.
Jerry is an executive committee member of the South African Society for Labour Law (SASLAW), Gauteng Chapter (2002 – to date) and also served as Deputy President of SASLAW, Gauteng Chapter (2003 -2004).
Practice Focus
• Alleged unfair dismissals
• Reviews
• Strikes
• General employment advise
B Iuris degree (cum laude) (University of Free State)
LLB degree (cum laude) (University of Free State)
LLM degree (University of Emory), Atlanta (USA)
Talita was admitted as an attorney in 2001 and has since worked exclusively in employment law. Talita advises a broad range of clients on the employment consequences of commercial transactions, including BEE deals, and corporate restructuring, as well as dismissals, employment contracts, policies and procedures and employment litigation. Talita is particularly interested in issues of discrimination, sexual harassment and HIV in the workplace and provides training to clients on various aspects of employment law. Talita publishes an Employment Law Update in the monthly editions of De Rebus, the South African Attorneys’ journal, and is a contributor to Employment Equity Law, an academic textbook on employment equity in South Africa.
Practice Focus
• General Employment Law
• Discrimination Law
B.Proc (Vista University)
LLB (University of Natal)
Postgraduate Diploma in Company Law (Wits)
Henry focuses on all aspects of employment and administrative law. He represents principally employers. He advises corporate and public sector clients on various aspects of employment law, inter alia, collective bargaining, strikes, reviews, rescissions, restructuring & unfair dismissals; industrial relations, litigation in private arbitrations, litigation in the CCMA, litigation in the Labour, Labour Appeal Courts and the High Courts.
Henry also has experience in conducting due diligence exercises in the context of commercial transactions, and has advised international corporate clients on the consequences of these transactions on employee benefits and on procedures to be followed in transferring employees and in the implementation of retrenchment exercises.
Practice Focus
• General Employment Law
• Discrimination Law Alleged unfair dismissals
• Reviews
• Strikes
• Public and Regulatory Law
BProc LLB (University of Transkei)
LLM (Rhodes University)
Tembeka Ngcukaitobi has BProc LLB degrees from the University of Transkei (Umtata) and an LLM degree (Constitutional and Administrative Law) from Rhodes University (Grahamstown).
Tembeka is a Partner at Bowman Gilfillan. He specialises in employment law, constitutional law and administrative law. Before joining Bowman Gilfillan, he worked as a research assistant to the President of the Constitutional Court, Arthur Chaskalson. Tembeka’s main areas of work include providing advice and litigation for public sector clients in the areas of labour law, constitutional and administrative law. He is the lead partner providing advice to many public institutions and government departments including the South African Police Service, the Department of Public Service and Administration, the Gauteng Department of Education, the North West Department of Education, the North West Provincial Legislature, the Development Bank of Southern Africa, the Department of Home Affairs, the Department of Public Works and many others.
Tembeka has published in the fields of labour, constitutional and administrative law. He is also a member of the South African Law Reform Commission.
Practice areas:
Employment Law
Administrative Law
Constitutional Law
Litigation, Arbitration & Alternative Dispute Resolution
Forensic, White Collar Crime
BA LLB (UCT)
LLM (Summa Cum Laude) (University of Notre Dame in Indiana, USA)
Kate Savage holds BA LLB degrees from the University of Cape Town and a LL.M degree (summa cum laude) from the University of Notre Dame in Indiana, USA. She was admitted as an attorney in 1994 and has been employed in the Constitutional Litigation Unit of the Legal Resources Centre, at the CCMA in Johannesburg and was a partner in her own law firm for many years. Kate is an employment and public law specialist with extensive experience as an arbitrator and mediator.
Randall specialises in employment law and has 10 years post admission experience as an attorney. Randall advises clients on individual and collective aspects of employment law. This includes advising clients on the employment law implications of the restructuring of an enterprise, take-overs and mergers, collective bargaining and unfair dismissal disputes. Randall advises clients involved in workplace-based negotiations and collective bargaining disputes such as changes to terms and conditions of employment and wage negotiations. Randall also has extensive experience in the public sector and local government sector.
BA LLB (Stellenbosch)
Management Programme in Industrial Relations
Arbitrator and Mediator
Bob is a partner at Bowman Gilfillan. After commencing his career in litigation, he has specialised in Industrial Relations and Employment Law for the past 19 years, and has extensive experience in these fields. Bob has advised major corporations on the implications of restructuring, mergers and acquisitions from an Employment Law perspective. He represents clients in arbitrations and conducts litigation in the Labour Court. He has actively promoted alternative dispute resolution, and has been a mediator and arbitrator for many years. He is currently on the Tokiso Dispute settlement panel.
Bob has developed an interest in Employee Benefits, Retirement Funding and Pension Law, and has served as a member of the Regional Committee of the Pension Lawyers Association.
Bob obtained a BA LLB from the University of Stellenbosch and also completed a Management Programme in Industrial Relations from the Stellenbosch Business School.
Shelley graduated with BA and LLB degrees from the University of the Witwatersrand and was admitted as an attorney in 1998.
Shelley has practiced in employment law since 1998 and advises mainly employers and executive employees. She advises clients on all employment law issues such as employment contracts, policies and procedures, discrimination, dismissals, retrenchments, employment equity, and the employment issues that arise in mergers and acquisitions. Shelley also provides training to clients on various employment law issues and serves on the Tokiso arbitration panel.
BCom (Cum laude) (Unisa)
LLB (Cum laude) (Rhodes University)
Theresa has experience in litigation and employment law. Theresa advises corporate and public sector clients on a broad range of employment issues such as employment contracts, restraints of trade, reviews, policies and procedures, dismissals, retrenchments, employment issues that arise in mergers and acquisitions and litigation in private arbitrations, litigation in the CCMA, litigation in the Labour and Labour Appeal Courts.
LLB(Hons) (University of Birmingham)
Dimploma in Legal Practice (Nottingham Law School)
Jessica has an LLB (Hons) degree from the University of Birmingham, England and obtained a Diploma in Legal Practice with distinction from Nottingham Law School, England. She was admitted as a Solicitor of the Supreme Court of England and Wales in 1997 and practised as an employment lawyer in the UK for 5 years before emigrating to South Africa and joining Bowman Gilfillan as a foreign attorney.
Jessica has practised in all areas of employment law, both in contentious litigation and in non-contentious advisory and transactional matters, predominantly acting for employers and senior executives. She has also developed and conducted training programmes for clients on a range of employment law issues and has extensive experience of project managing collective retrenchment exercises. She has an in-depth knowledge of data protection legislation in the UK and has a particular interest in the proposals to develop similar legislation in South Africa.
LLB (University of Durban-Natal, Durban)
LLM (Human Rights Law) (University of Nottingham, Nottingham-United Kingdom)
Nadira specialises in general employment law which includes, inter alia, advising on the employment consequences of dismissals, unfair labour practices, retrenchments and section 197 transfers; drafting policies and procedures and drafting and advising on varying types of employment contracts.
She is also involved in employment litigation in the CCMA and Labour Court especially in relation to rescission and review applications.
Robyn joined Bowman Gilfillan in 2003 and was admitted as an attorney in 2005. She works in the Employment Law Department in Tembeka Ngcukaitobi’s team. The team mainly advises and represents public sector clients in the areas of employment law, constitutional law, and administrative law.
BA (Law in Humanities) (University of Cape Town)
LLB (University of Cape Town)
Brigitte is a senior associate in the Employment Department. Brigitte joined Bowman Gilfillan as a candidate attorney in 2004. Since being admitted as an attorney in 2006, Brigitte has worked exclusively in employment law. Brigitte advises clients on general employment law related issues including dismissals, restraints of trade, strikes, employment contracts, policies and procedures and employment litigation. Brigitte also provides training to clients on various aspects of employment law.
Priyesh graduated with a BProc and LLB degrees from Wits University and an LLM degree in Labour Law from RAU. Priyesh was awarded a merit prize for achieving the best results in the 2001 LLM year.
Priyesh has practised in all areas of employment law since his admission as an attorney in 1997. Priyesh represents principally employers and has assisted clients in their annual wage negotiations, retrenchment exercises, due diligence exercises and employee share option schemes. Priyesh also advises clients in relation to restraint of trade agreements, disciplinary action, executive employment contracts, international mobile executives, employee transfers and employment related litigation. From time to time, Priyesh conducts training for clients including training for the employment equity committee.
Priyesh is a regular contributor to the Business Day Law Review and several of his articles have been published in the Sunday Times. Priyesh has been interviewed on Summit TV and is a regular speaker for the Institute for International Research.
LLB (summa cum laude) (University of Natal)
LLM (University of Nottingham, UK)
Eva joined Bowman Gilfillan in 2003 and was admitted as an attorney and notary public in 2006. During her period of articles she participated in the firm's pro bono project for a period of six months by assisting as a Public Defender at the Hillbrow Magistrates Court in Johannesburg.
In 2005 she was a recipient of a Commonwealth Scholarship for postgraduate study in the United Kingdom, and completed a Masters of Law Degree in International Commercial Law at the University of Nottingham, United Kingdom. Eva is currently completing a Higher Diploma in Labour Law at the University of Witwatersrand.
Eva advises a wide range of clients, including multinational banks and financial services companies, on dismissal cases, employment contracts, policies and procedures and employment litigation.
Eva has a special interest in incentive and remuneration schemes, restraints of trade, section 197 transfers, retrenchments as well race and gender discrimination cases.
Bachelor of Social Science (University of Natal, Durban)
Bachelor of Laws (University of the Witwatersrand)
Lusanda joined Bowman Gilfillan as a candidate attorney at the beginning of 2004. She was admitted as an attorney in 2006 and joined Karen Fulton’s team as an associate. In 2008 she was promoted to a Senior Associate. Lusanda is interested in general employment law, dismissals as well sexual harassment cases.
LLB (University of the Witwatersrand)
LLM (Columbia University, New York City)
Reghana has an LLB degree from the University of the Witwatersrand and a general LLM degree from Columbia University, New York City.
Reghana is a Senior Associate at Bowman Gilfillan. She completed her articles at the Wits Law Clinic and after completing her LLM worked as a research assistant at the Constitutional Court to Justice TL Skweyiya. She works in the Employment Law Department in Tembeka Ngcukaitobi’s team. The team mainly advises and represents public sector clients in the areas of employment law, constitutional law, and administrative law.
Mike was admitted as an attorney in 2000, the year he joined Bowman Gilfillan. Mike specialises in employment law and commercial litigation. He practiced at both the Johannesburg and the Cape bars and served as a civil magistrate in Cape Town.
Helen graduated with BA and LLB (cum laude) degrees from Rhodes University and joined Bowman Gilfillan in 2002. She was admitted as an attorney in 2004 and works in the firm's Employment Department, where she advises mainly commercial employers. Her practice is varied and includes legal drafting, opinion and appearance work
Sanguita is originally from Mozambique and was schooled in Harare, Zimbabwe. She attended the University of Cape Town where she attained a Bachelor of Social Science degree and a postgraduate law degree. Sanguita completed her articles in 2003 and now specialises in employment law.
