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Melissa Cogger

Partner | Cape Town

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T: +27 21 480 7808

E: [email protected]

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Overview

Melissa Cogger is a Partner in our Cape Town office Employment and Benefits practice.

She specialises in employment and data protection law and has a range of experience in the dispute resolution of employment matters, as well as advisory work in employment law.

Melissa regularly appears in the Commission for Conciliation, Mediation and Arbitration (“the CCMA”) and the Labour Court to represent clients, as well as initiating and chairing internal disciplinary proceedings for clients, and advises extensively on such processes. She assists clients in the recovery of damages due to misconduct and fraud by employees, including the withholding of pension benefits and engages our corporate litigation team to assist in civil claims against previous employees.

Melissa has in-depth experience and routinely advises on complex employment related matters including employment equity, restraints of trade, foreign employers engaging employees in South Africa, remote working of foreign nationals overseas, labour brokering or employer of record arrangements, retrenchments, mutual separation, transfers, harassment, collective bargaining (including interdicting unprotected strike action and organisational rights disputes), consultancy or independent contractor arrangements, protected disclosures, occupational health and safety, data protection and equality issues within employment law.

She conducts training on the Protection of Personal Information Act (POPIA), advises large multinationals on the cross-border transfer of personal information, processing personal information, direct marketing and advises on assessments by the Information Regulator. Overall, Melissa advises clients on their compliance with their obligations in POPIA, drafts relevant data processing clauses, policies, notifications and operator agreements.

She has been involved in a number of investigations into allegations of serious misconduct concerning senior executive employees, sexual harassment investigations, harassment and bullying claims as well as the debarment of key individuals or representatives in terms of the Financial Advisory and Intermediary Services Act, 37 of 2002.

Melissa was recognised as a 2023 ‘Tomorrow’s Leaders’ by the International Employment Lawyers organisation for South Africa.

Experience

  • Melissa has represented various clients in successfully launching and opposing the enforcement of restraints of trades in the High Court and Labour Court as well as advice and presentations to clients on restraints of trade generally;
  • Melissa has experience in representing clients in the financial services industry in relation to the investigating, disciplining and debarring key individuals;
  • Advised on various aspects of remote working, including the employment of foreign nationals overseas working remotely for South African entities, and foreign entities engaging employees in South Africa;
  • Melissa has advised large financial sector clients on mandatory vaccination policies in various sectors and is involved in litigation pertaining to alleged unfair discrimination claims;
  • Advised on the equality considerations of transgender issues and is involved in trial litigation and advisory work in this area, including pro bono work;
  • Involved in successfully launching urgent interdictory proceedings in Labour Court against unprotected strike action for one of the largest fishing companies in South Africa;
  • Arbitration proceedings concerning the interpretation of a collective agreement, the outcome of which gave clarity to the Fishing Industry at large; and
  • Melissa is routinely involved in successfully opposing review applications of arbitration awards in the Labour Court.

AREA OF EXPERTISE

Data Protection Employment and Benefits

Qualifications

  • LLB (with distinction) and LLM (with distinction) in labour law at the University of the Witwatersrand.

INSIGHTS

South Africa: New draft regulations dealing with employment equity sectoral numerical targets released South Africa: Engaging workers via ’employers of record’ has both advantages and risks South Africa: ‘Ground-breaking’ settlement agreement on employment equity signed South Africa: Draft sectoral targets for employment equity published South Africa: Sectoral targets in the Employment Equity Amendment Act – frequently asked questions South Africa: Controversial changes to the Employment Equity Act signed into law South Africa: Minister publishes new Code of Good Practice for Managing Covid-19 in the Workplace South Africa: Masks and other health requirements in the workplace – what now? South Africa: Recourse for employees who are injured as a result of vaccinations South Africa: New hazardous biological agents regulations further regulate employers’ responsibilities for managing COVID-19 exposure in the workplace South Africa: Setting boundaries for remote workers is the next big challenge South Africa: Always-on culture is no excuse to bend annual leave rules South Africa: enforcing restraints of trade during the COVID-19 pandemic COVID-19: Update on leave for occupationally acquired COVID-19 COVID-19: Leave for occupationally acquired COVID-19, South Africa COVID-19: Compensation for occupationally acquired COVID-19 COVID-19: Can South African employers and employees agree to postpone the forfeiture of annual leave? COVID-19: The accrual of annual leave during lockdown, South Africa COVID-19: Public holidays during lockdown Why investigate an employee?
Brochures
Employment

Overview

Melissa Cogger is a Partner in our Cape Town office Employment and Benefits practice.

She specialises in employment and data protection law and has a range of experience in the dispute resolution of employment matters, as well as advisory work in employment law.

Melissa regularly appears in the Commission for Conciliation, Mediation and Arbitration (“the CCMA”) and the Labour Court to represent clients, as well as initiating and chairing internal disciplinary proceedings for clients, and advises extensively on such processes. She assists clients in the recovery of damages due to misconduct and fraud by employees, including the withholding of pension benefits and engages our corporate litigation team to assist in civil claims against previous employees.

Melissa has in-depth experience and routinely advises on complex employment related matters including employment equity, restraints of trade, foreign employers engaging employees in South Africa, remote working of foreign nationals overseas, labour brokering or employer of record arrangements, retrenchments, mutual separation, transfers, harassment, collective bargaining (including interdicting unprotected strike action and organisational rights disputes), consultancy or independent contractor arrangements, protected disclosures, occupational health and safety, data protection and equality issues within employment law.

She conducts training on the Protection of Personal Information Act (POPIA), advises large multinationals on the cross-border transfer of personal information, processing personal information, direct marketing and advises on assessments by the Information Regulator. Overall, Melissa advises clients on their compliance with their obligations in POPIA, drafts relevant data processing clauses, policies, notifications and operator agreements.

She has been involved in a number of investigations into allegations of serious misconduct concerning senior executive employees, sexual harassment investigations, harassment and bullying claims as well as the debarment of key individuals or representatives in terms of the Financial Advisory and Intermediary Services Act, 37 of 2002.

Melissa was recognised as a 2023 ‘Tomorrow’s Leaders’ by the International Employment Lawyers organisation for South Africa.

Experience

  • Melissa has represented various clients in successfully launching and opposing the enforcement of restraints of trades in the High Court and Labour Court as well as advice and presentations to clients on restraints of trade generally;
  • Melissa has experience in representing clients in the financial services industry in relation to the investigating, disciplining and debarring key individuals;
  • Advised on various aspects of remote working, including the employment of foreign nationals overseas working remotely for South African entities, and foreign entities engaging employees in South Africa;
  • Melissa has advised large financial sector clients on mandatory vaccination policies in various sectors and is involved in litigation pertaining to alleged unfair discrimination claims;
  • Advised on the equality considerations of transgender issues and is involved in trial litigation and advisory work in this area, including pro bono work;
  • Involved in successfully launching urgent interdictory proceedings in Labour Court against unprotected strike action for one of the largest fishing companies in South Africa;
  • Arbitration proceedings concerning the interpretation of a collective agreement, the outcome of which gave clarity to the Fishing Industry at large; and
  • Melissa is routinely involved in successfully opposing review applications of arbitration awards in the Labour Court.

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