- Publications & Insights
Employment law is a barometer of what is happening in society and is never static, constantly presenting new challenges. This, together with the pan-African character of her work at Bowmans and its people focus, is what makes the field so satisfying for Helen.
New ways of working and a mobile workforce, increasingly present new opportunities and challenges for clients in managing talent pipelines. Companies across sectors and jurisdictions seek best practices in compensating, rewarding and motivating top talent, and Helen leads a team proficient in both employment law and employment benefits, including remuneration and reward advisory services.
She particularly enjoys working with Bowmans lawyers in other practices, including Mergers & Acquisitions and Tax, as well as across its African footprint, making cross-border collaboration standard procedure, not a buzzword.
Apart from her legal skills, Helen’s best qualities are pragmatism and strong listening skills. She has a keen ear for clients’ requirements and priorities, and the ability to focus on situations from the client’s perspective.
Helen, who has been with Bowmans for over 20 years, is versatile. She does a substantial amount of board advisory work in terms of executive exits, onboardings, offboardings and restructurings, along with investigations, restraint of trade work, amongst other litigation, including from the CCMA level up to the Constitutional Court. Complex matters relating to the employment aspects of corporate transactions, including relating to section 197 of the Labour Relations Act are another strong point.
Her client base is cosmopolitan, with many of her contacts based in the United Kingdom, Europe and other overseas jurisdictions, and spanning sectors such as media, healthcare, banking and finance, mining, professional services and retail and consumer goods, ranging from start-ups to major corporates and multinationals.
Helen’s interest in the world around her is reflected in her reading preferences, which include a passion for international affairs, having majored in politics and journalism before studying law.
- Rhodes University, BA and Bachelor of Laws (LLB) (cum laude).
- Helen is a member of the South African Society for Labour Law (SASLAW) and has sat as an acting judge of the Labour Court.
Jurisdictions worked in: South Africa
- Advising on the employment aspects of various global transactions.
- Advising a multi-national IT company regarding the outsourcing of key IT services by a global mining company in relation to multiple sites/offices across South Africa.
- Advising various boards regarding the exit of senior executives.
- Carrying out an investigation into the South African Managing Director of a multinational relating to allegations of harassment.
- Acting for a the largest, politically non-affiliated union in the South African public service, in a number of matters relating inter alia to the interpretation and application of collective agreements, including relating to the implementation of an amended occupation specific pay dispensation for correctional services officials.
- Providing employment advice to a global engineering consultancy company in relation to the cross-border restructuring of its operations.
- Advising on multiple restraint of trade and unlawful competition disputes and proceedings, including the cross-border enforcement of restraints.
Chambers and Partners: Band 4 for Employment (2017-2023)
“She is able to defuse any high tension amongst parties and is pleasant in her engagement with clients.”
“She’s been able to provide advice that also considers the reputational risks associated with the proposed solutions or considered undertakings by the company.” – Chambers and Partners, 2022
“Helen Wilsenach is well versed in contentious and non-contentious employment issues. Her experience includes representing clients in cases of unfair discrimination as well as senior employee dismissals, with further expertise in matters of sexual harassment and wage disparity.” – Chambers and Partners, 2021
“Helen Wilsenach provides expert representation in discrimination matters, covering sexual harassment, racism and wage discrimination. She is experienced in representing high-profile clients in employment disputes and is well versed concerning labour issues.” – Chambers and Partners, 2020
Helen Wilsenach has expertise in labour broking, employment contracts and training, in addition to other matters. Sources say: “We’re especially pleased with her. She always responds quickly.” – Chambers and Partners 2018
Helen Wilsenach attracts praise from clients for being “easy to work with” and for her “firm grasp of the issues.” She is well regarded for her work in sector-related outsourcing and restructuring mandates. – Chambers and Partners 2017
Publications & Insights
- COVID-19: Impact on medical scheme contributions by financially distressed employers and employees
- COVID-19: FSCA gives financially distressed employers breathing space over fund contributions
- Employers are not precluded from relying on operational requirements to dismiss employees who refuse to accept a change in working conditions
- Non-permanent employees afforded greater protection
- Fixed term employees – Stricter regulations
- Legislative soap opera introduces a changing labour landscape
- South African employers must approach foreign remote working with their eyes open