
Rosalind Davey
Partner and Team Leader- Overview
- Experience
- Publications & Insights
Overview
As an employment lawyer, Rosalind is often in sensitive situations involving dismissals or retrenchments and she does not shy away from them. What matters to her is how such situations are approached: respectfully, professionally and, above all, compassionately.
Compassion and professionalism have served Rosalind and her clients well since she discovered, as a candidate attorney, that labour law, with all its legal and human complexities, was the branch of law she wanted to pursue.
Currently, as Team Lead in Employment & Benefits at Bowmans, Rosalind directs a team of eight lawyers, including two partners and a senior consultant, working mainly with clients in road freight and logistics, banking, mining, retail and fast-moving consumer goods.
Around 50% of her practice involves employment litigation, including urgent applications, interdicts, reviews, dismissal disputes, arbitrations and general litigation. The remainder consists of non-litigious employment law matters and matters of a commercial nature with employment implications, such as strategic planning, restructuring and outsourcing.
Rosalind also has experience in social media law – a field she entered when very few lawyers were in it and there was little thought leadership. Her social media law experience includes drafting social media policies and providing training on understanding and managing the risks of social media in the workplace.
Much of her work involves strategic thinking, which to Rosalind means looking at the facts to see what she needs to do to obtain the optimal outcome for her client.
Attention to detail is important to her as a litigator, as are integrity and trust. Clients need to know that their lawyer ‘has their back’ and has sound ethics. Lawyers are officers of the court and may not compromise on their ethics, she believes.
Rosalind acts as a Judge in the Labour Court and is an author.
Education:
- University of KwaZulu-Natal, Bachelor of Arts (BA)
- University of KwaZulu-Natal, Bachelor of Laws (LLB)
Professional memberships:
- South African Society of Labour Law
- International Bar Association
Specialist Services
Relevant Experience
Jurisdictions worked: South Africa
- General labour/employment law including:
- Advisory and opinion work
- Transactional work
- Due diligence
- Employment litigation
- Transfers of undertakings
- Retrenchments
- Discrimination
- Unfair labour practices
- Handling strikes
- Collective bargaining
- Alternative dispute resolution
- Drafting contracts and policies
- Adjudicating disputes
- Appearances in the Labour Court, Magistrate’s Court and employment Tribunals
- Remote work and hybrid policies
- Vaccine mandates
- Social media law – drafting policies, providing advice and training on, among others:
- Constitutional law
- Defamation
- Delict
- Vicarious liability
- Managing possible brand damage
- Ownership disputes
- Protecting confidential information and trade secrets
- Providing training to clients
Signature Matters
Awards
Rosalind received a Certificate of Contribution: World Justice Project
Publications & Insights
- South Africa: Manage industrial action effectively with the Bowmans Strike Management Guidelines
- South Africa: Harassment Prevention Pack – helping employers to prevent and eliminate harassment in the workplace
- South Africa: What are the various types of harassment that may pervade the workplace?
- South Africa: Constitutional Court decides that a link between respondents and unlawful conduct is required to grant interdict
- South Africa: Further regulation of the employment of foreign nationals on the cards
- South Africa: Collective Bargaining in the Context of Business Rescue Proceedings
- South Africa: Avoid complacency in business rescue retrenchments
- South Africa: Retrenchments in the context of business rescue proceedings – the impact of the moratorium on legal proceedings on employees’ rights under section 189A(13) of the LRA
- COVID-19: Revisiting the question: when can retrenchment processes start?
- COVID-19: Labour Court – no need for rigidity in retrenchments, South Africa
- COVID-19: The right to strike during the lockdown
- Collective effort and culture change can curb violent strikes
- Unpacking the New Agreement on Collective Bargaining and Strikes
- What you should know before monitoring employees’ emails
- The unforeseen consequences of social media use
- What you should know before monitoring employees’ emails
- Lost in translation
- Firms need social media policy for staff
- Beware: Facebook could get you fired
- Social media has reputation and business risks for employers
- Employers urged to avoid being “poked” by the wrong end of the social media stick
- Employers urged to approach social media risks with great care
- Employers beware: the risks of social media in the workplace
- How the move to online shopping could shake up retail employment
- COVID-19: Safe Return to Work Pack – ensuring compliance quickly and easily
- The virtual workplace: how to enjoy the advantages and minimise the risks
- Making the digital world work for your business