| South Africa
Melanie is a partner in the Employment department in the Johannesburg office of Fasken Martineau.
Her experience includes the drafting of contracts of employment and other employment-related agreements and collective agreements, the drafting and implementation of policies, procedures and practices, conducting risk assessments, compliance audits and corporate due diligence investigations, representing corporates in employment disputes at various courts and forums, and offering advice on restructurings, retrenchments and going-concern transfers. Melanie 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 generally.
Melanie has acted extensively for employers across various industries, including the mining, engineering, construction, financial services, aviation and medical sectors. She has particular expertise in collective bargaining disputes within the mining sector. Melanie has conducted many cases in the Labour and Labour Appeal Court that were subsequently reported.
Representative Experience
• Acting for AngloGold Ashanti Limited in an alleged automatically unfair mass dismissal of hundreds of striking employees
• Acting for AngloGold Ashanti Limited during the company-wide strike action during 2012.
• Lead attorney in the matter of AUSA obo Barnes v South African Airways, which has defined the law in relation to section 197 going concern transfers, specifically second generation outsourcing transactions.
• Part of the legal team in the landmark Constitutional Court decision of Cosatu and Another v Rustenburg Platinum Mines Limited and Others which has defined the test on review and the approach to assessing the appropriateness of sanction.
Presentations
• An Update on South African Mining, Labour and Community Engagement Issues, Global Mining Group Seminar – Cocktail Reception (FMD at the PDAC), March 4, 2014
• Obligations for Employers in terms of the Protection of Personal Information Act, August 01, 2014
• 3rd Annual Industrial and Employee Relations Summit, April 2014
• Employment Law Compliance Conference, November 2015
Publications
• "Protection of Personal Information Act - Steps Towards Compliance", October 26, 2015
• "The Employment Services Act - The Mechanism for Job Creation?", Labour, Employment & Human Rights Bulletin, August 20, 2015
• "The CCMA’s jurisdiction over Employees working beyond South Africa’s Borders", Labour, Employment and Human Rights Bulletin, July 23, 2015
• "No Increase in the Earnings Threshold", Labour, Employment and Human Rights Bulletin, July 8, 2015
• "Does a Settlement Agreement oust the CCMA's jurisdiction?", Labour, Employment and Human Rights Bulletin, June 18, 2015
• "Constructive Dismissals: Staring down the proverbial barrel of a gun", November 7, 2014
• "Obligations for employers in terms of the Protection of Personal Information Act", HR Future 13 August 2013 , November 5, 2014
• "New form of discrimination; amendments to the Employment Equity Act", Published in SA Property Review 17 July 2014 , November 5, 2014
• "A clear slate is not a given - the status of lapsed warnings", September 10, 2014
• "Commencement of the Basic Conditions of Employment Act", September 1, 2014
• "Increase in the Earnings Threshold", July 9, 2014
• "Obligations for Employers in terms of the Protection of Personal Information Act", May 12, 2014
• "Mining Companies & Surrounding Communities – Barrier or Benefit?", Mining Bulletin, January 8, 2014
Memberships and Affiliations
• Member of the Law Society of the Northern Provinces
• Member of the South African Society of Labour Lawyers
Rankings and Awards
• Recognized in Who’s Who Legal as a leading practitioner in Management, Labour & Employment for 2014 and 2015.
• Ranked by Legal 500 for 2016
