Lusanda Raphulu is the Head of Dispute Resolution.

Lusanda provides the full range of employment law services. She primarily advises on the employment law consequences of commercial transactions and corporate restructurings, different ways of working, unfair labour practice and unfair dismissal matters, as well as executive separations. Lusanda conducts investigations for clients on various topics, most often unfair discrimination and sexual harassment allegations. She has written articles on employment law that have been published in both local and international publications, and has spoken at employment law conferences both in South Africa and abroad. She has periodically sat as an acting judge at the Labour Courts in Johannesburg and Port Elizabeth.

Lusanda has a BSocSci from the University of KwaZulu-Natal and an LLB from the University of the Witwatersrand. In 2021, she successfully completed the Leading Professional Services Firms Programme run by Saïd Business School at the University of Oxford, United Kingdom.

Relevant Experience

• Lusanda has advised on the employment law aspects of a number of significant commercial transactions over the years, including Marriott International in its acquisition of Protea Hotels; Chevron Corporation on the sale of its South African business; Boehringer Ingelheim GmbH with regards to its business swap between Boehringer and Sanofi; Shanduka Group Proprietary Limited and the majority shareholder, in relation to the restructuring of Shanduka Group Proprietary Limited; and T-Systems International GmbH on the disposal of its South African subsidiaries T-Systems South Africa Proprietary Limited and Intervate Solutions Proprietary Limited, as going concerns to Gijima Holdings.
• She regularly manages projects for multi-jurisdictional employers, giving them the employment law regime and assistance across various African jurisdictions.
• She advised the University of South Africa (UNISA) in respect of a dispute as to the applicability of section 197 of the Labour Relations Act as a result of UNISA hiring certain security personnel, largely driven by the “fees must fall” campaign. UNISA succeed in its argument that section 197 did not apply. The matter went as far as being referred to the Constitutional Court, which referral was denied, thereby leaving the argument advocated on behalf of UNISA as the standing law in such situations.
• Lusanda is a regular speaker at seminars and conferences, both locally and internationally. She has spoken at the Annual Labour Law conference, the largest labour law conference in Africa. Locally, she has also spoken at the South African Society for Labour Law (SASLAW) conference, the Commission for Conciliation Mediation and Arbitration (CCMA) Indaba, and the South African Local Government Association (SALGA) labour law seminar. Internationally, she has spoken at employment law conferences in China, Dubai and Portugal. She also gives media interviews and has written on various topics.
• In relation to the covid-19 pandemic, Lusanda has advised various employers, spoken on a number of platforms, and written on the employment law implications of the law around the pandemic.

Signature Matters

• A major catering group
• Transnet Group SOC Ltd

• South Africa: When working from home becomes permanent
• South Africa: New BCEA threshold and increase in national minimum wage
• COVID-19: TERS applications closing dates
• COVID-19: Employers Can Secure Alert Level 3 Compliance Quickly and Easily
• Some go back to their offices, but some are still at home
• COVID-19 and school closures – impact on the workplace
• COVID-19 and employee time off work: a guideline for employers
• ConCourt confirms constitutionality of LRA retrenchment consultation process
• From #METOO to #AMINEXT – Addressing gender-based sexual violence in the workplace
• Competent verdicts are applicable in workplace disciplinary matters
• Settlement agreement founded on a common mistake is invalid
• How 4IR could boost public service delivery and rein in costs
• True or false: misrepresentation is a headache for employers
• SA is not alone in grappling with labour broking and working hours
• Chinese companies in SA
• Bring ‘hidden’ employee costs to light before the deal is done
• Seven employee concerns to look out for in African M&A deals
• Restraints of trade: a useful guide for employers
• Employers can’t take away employee benefits willy-nilly
• An employer should accommodate an incapacitated employee – within reasonable limits
• How much does it cost an employer to retrench an employee?
• Fingerprint biometrics – an employment law perspective
• How much does it cost an employer to retrench an employee?
• COVID-19: Safe Return to Work Pack – ensuring compliance quickly and easily