Nadine Mather is an experienced data protection and employment law attorney. She is a thought leader in respect of both data protection and employment laws and is highly valued by her clients in this regard.

Nadine has conducted various presentations on the Protection of Personal Information Act (POPIA) at conferences and webinars for external parties and has participated in a number of panel discussions with the Information Regulator. Nadine has also conducted lectures on the processing of personal information for the University of Witwatersrand and the University of Johannesburg.

Nadine advises on a wide range of data protection matters, including for example, transferring personal information to holding companies abroad, the sharing of personal information with third parties, the processing of special/sensitive personal information and compliance with the provisions of POPIA.

Nadine’s expertise in employment laws is also trusted by clients, including FLSmidth, Foskor, and the Public Servants Association. She specializes in employment related issues, including corporate restructuring, restraints of trade, retrenchments, employment equity, employee benefits, independent contractors and unfair dismissals. She also drafts employment contracts, policies and other employment related agreements.

She works closely with her corporate colleagues to advise on the employment and data protection consequences of commercial transactions (sales of business, sales of shares etc). She also assists clients in employment litigation at the CCMA, Bargaining Councils and the Labour Court.

Nadine is an author of the Employment Law Update column in the De Rebus magazine and has published a number of articles on data protection and employment law. She is also committee member of the Young Scholars Society of SASLAW and is a member of SASLAW.

Education

• Bachelor of Laws (LLB) cum laude (2012 – 2014)
• Bachelor of Arts – Law and Clinical Psychology (2009 – 2011)

Professional Memberships

• Committee member of the South Africa Society for Labour Law Young Scholars Society
• Member of the South African Society for Labour Law
• Practicing attorney affiliated with the Legal Practice Council

Relevant Experience

Data Protection

• Advised FamilySearch in relation to the digitization of certain estate and other records to be regulated by an agreement between FamilySearch and the relevant South African Government Department.
• Advised Pfizer in relation to the data protection aspects of clinical trials to be conducted in respect of the Covid-19 vaccine.
• Advised Massmart in relation to specific disclosure requirements of employees’ personal information to the National Treasury.
• Assisted Duke CE in the creation of an online portal containing personal and special personal information in respect of its employees and students.
• Advised Bloomberg in relation to the retention of personal information records.

Employment

• Represented the Public Servants Association and other applicant trade unions in the public sector wage dispute before the Constitutional Court.
• Represented Bloomberg in a publicised unfair dismissal dispute in the Labour Court concerning the dismissal of a journalist
• Assisted FLSmidth with restructuring its workforce pursuant to a global merger with TK Mining.
• Advised Uber in respect of harassment in the workplace.

Awards

Legal 500 ranked Nadine as a Rising Star in Labour and Employment in 2022 and 2023.

• South Africa: A colleague’s HIV status is not yours to share
• South Africa: Beware – Information Regulator issues first fine of ZAR 5 million under POPIA
• South Africa: Information Regulator shows its teeth and conducts an increasing number of assessments
• South Africa: New earnings threshold and minimum wage to come into effect on 1 March 2023
• South Africa: Every day should be Data Privacy Day – Top tips for effective Data Protection
• South Africa: Online portal for the registration of information officers is now live
• South Africa: Harassment Prevention Pack – helping employers to prevent and eliminate harassment in the workplace
• South Africa: Information Regulator publishes a new prescribed form to be used in the event of a security compromise
• South Africa: Release of personal details of victims of the Krugersdorp attack in breach of POPIA – What is the legal position under POPIA?
• South Africa: What are the various types of harassment that may pervade the workplace?
• South Africa: Managing load shedding in the modern workplace
• South Africa: Harassment in the Workplace – Employers to take note of their obligations under the new Code of Good Practice
• South Africa: New earnings threshold and minimum wage to come into effect on 1 March 2022
• South Africa: Labour Court warns that mutual separation agreements should not be dressed up as dismissals
• South Africa: Ready or not – POPIA is here
• South Africa: POPIA – The portal for registration of information officers is now available
• South Africa: POPIA – What you need to know about the appointment and registration of Information Officers
• South Africa: 100 days left to become POPIA compliant: Information officers and guidelines on applications for prior authorisation
• South Africa: POPIA regulations and guidelines to Develop Codes of Conduct
• COVID-19: Strategies should include mental wellbeing of employees, South Africa
• COVID-19: The protection of personal information
• COVID-19: Guidelines from the South African Department of Employment and Labour
• COVID-19 and proceedings before the CCMA in South Africa
• From #METOO to #AMINEXT – Addressing gender-based sexual violence in the workplace
• Taking your high from home to work – considering the impact of cannabis on the workplace
• Employers thwarting dismissed employees’ attempts for reinstatement by filling their positions
• Labour broker deeming provisions interpreted to create a position of ’sole’ employment
• Dishonesty in the fulfillment of a suspensive condition
• Leading pan-African law firm, Bowmans, suggests eight steps for business to take towards compliance with POPIA ahead of enforcement
• New Employer Bears Potentially Unforeseen Risk of Review
• This World AIDS Day, Let Our Actions Count! – Addressing HIV/AIDS in the workplace