David Woodhouse
Partner
David specialises in employment law. He has chaired disciplinary enquiries and arbitrations. He has acted as a judge in the Labour Court. He acts on behalf of clients in a variety of sectors, mainly the mining, banking and retail sectors. He appears and/or represents his clients in various forums, tribunals and courts including the Labour and Labour Appeal Courts, High Court and Supreme Court of Appeal and Constitutional Court.
David's experience
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Representing Philip Morris South Africa (Pty) Ltd, a tobacco company in Labour Court review proceedings concerning employee misconduct, workplace investigations and the application of data protection legislation to evidence obtained from company systems and property.
- South Africa
- Technology, Science & Industry
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Acted for Thungela Operations (Pty) Ltd, a thermal coal producer, in large-scale retrenchment litigation, successfully opposing an urgent application by the National Union of Mineworkers concerning the procedural fairness of a restructuring process, and advised on disputes over contractor employees’ employment status with significant implications for the mining industry.
- South Africa
- Energy & Natural Resources
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Advised Shoprite Checkers (Pty) Ltd, a supermarket retailer on a landmark dispute concerning the interpretation of public holiday remuneration provisions under the Lesotho Labour Code as applied to employees working flexible schedules, with the matter progressing to the Labour Appeal Court of Lesotho.
- Lesotho; South Africa
- Retail & Consumer
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Representing a multinational company in the explosives and chemical industry in a discrimination claim arising from allegations that an offer of employment in the Democratic Republic of the Congo was withdrawn on the basis of sexual orientation, raising complex cross-border employment and equality law considerations.
- South Africa
- Energy & Natural Resources
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Represented Glencore Operations South Africa (Pty) Ltd, a diversified mining company before the Labour Appeal Court in a significant appeal concerning the applicable legal test for the review of CCMA arbitration awards and the evidentiary standards required in safety-related misconduct dismissals.
- South Africa
- Energy & Natural Resources
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Acted for The South African Reserve Bank in proceedings before the CCMA, Labour Court and Labour Appeal Court concerning a dismissal relating to workplace harassment. Successfully defended the findings in what has since become a leading authority on evidential principles in harassment investigations and disciplinary proceedings.
- South Africa
- Financial Services
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Acted for Santam Limited, a general insurer in an organisational rights dispute against the South African Society of Banking Officials (SASBO), successfully opposing the union's claim in CCMA arbitration proceedings and in subsequent urgent Labour Court review proceedings.
- South Africa
- Financial Services
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Represented Cullinan Diamond Mine (Pty) Ltd, a diamond mining company in Labour Court proceedings concerning alleged contraventions of the Mine Health and Safety Act, successfully establishing that damages claims are not competent under the legislation - a novel point of South African employment law.
- South Africa
- Energy & Natural Resources
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Acted for Blue Mining Services (Pty) Ltd, a contract mining company in urgent Labour Court proceedings to interdict strike-related violence and enforce CCMA picketing rules, obtaining interim relief within hours of launching the application.
- South Africa
- Energy & Natural Resources
Credentials
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2012Tabacks - Chairman
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1998Perrott Van Niekerk Woodhouse and Matyolo Inc - Partner
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1995Deneys Reitz (now Norton Rose Fulbright) - Equity Partner
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1992Deneys Reitz (now Norton Rose Fulbright) - Salaried Partner
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1989Deneys Reitz (now Norton Rose Fulbright) - Associate
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1987Deneys Reitz (now Norton Rose Fulbright) - Candidate attorney
Out-Law / Insight by David Woodhouse
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