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Sibusiso Dube

Partner | Johannesburg

Sibusiso-Dube
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Contact

T: +27 11 669 9577

E: [email protected]

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Overview

Sibusiso’s practice is focused on providing advisory and litigation services to public and private entities in respect of a range of employment law issues including, but not limited to, unfair dismissals; unfair employment practices including unfair discrimination on any grounds; collective labour law; employment equity; transfers of businesses; s189 processes; restraints of trade; incapacity and incompatibility; lifestyle audits; management of senior employees; and managing Covid-19 in the workplace.

Regarding the litigation aspect of his practice, he appears on behalf of clients in various forums including disciplinary enquiries (at times as a presiding officer), the CCMA, Bargaining Councils and the Labour Court. In addition, he conducts investigations into, among others, misconduct; allegations of racism; sexual harassment; bullying and intimidation; unfair discrimination; mismanagement of employer funds; and irregular/fruitless and wasteful expenditure. Regarding the advisory aspect of his practice, he provides advice to clients at Board and senior executive management level. The advice not only relates to management of individuals, but also strategy to be adopted by the company insofar as it relates to employment law or any other considerations applicable at the time which may have an impact on the reputation of client’s business.

Sibusiso has further acquired experience in sports law with a focus on South African football law where he has represented professional clubs before the PSL Disciplinary Committee and Dispute Resolution Chamber.

Experience

Recently Sibusiso advised:

  • Standard Bank of South Africa Limited regarding allegations of harassment against a senior executive. In this regard, he conducted an investigation into the allegations and prepared an investigation report.
  • Old Mutual Limited regarding allegations of harassment against senior executives. In this regard, he conducted an investigation into the allegations and prepared an investigation report.
  • Bidvest Bank in respect of unfair labour practice disputes brought by 21 employees. In this regard, he appeared on behalf of the client at the CCMA.
  • Postbank SOC Limited in respect of a review application brought against the client by a senior manager.
  • Visa in respect of an unfair dismissal and unfair discrimination dispute brought against client by a senior executive at the CCMA and the Labour Court.
  • Putco in respect of an urgent application at the Labour Court to interdict an unprotected strike by over 100 employees.
  • Eskom in respect of an unfair retrenchment dispute at the Labour Court.
  • Barlworld Logistics in respect of a section 197 transfer dispute against a service provider which was heard at the Labour Court and private arbitration.
  • Transnet in respect of a review application at the Labour Court pertaining to an unfair dismissal claim brought by a senior manager.
  • Pick n’ Pay Stores in respect of an equal pay dispute referred to the CCMA by a union and its members.

AREA OF EXPERTISE

Dispute Resolution Employment and Benefits

Qualifications

  • Bachelor of Laws, University of Johannesburg
  • BCom Law, University of Johannesburg

INSIGHTS

South Africa: The thin line between being a bad manager and a bully in the workplace South Africa: The burden of dealing with bullying in the workplace South Africa: LAC finds that an employee who was dismissed for recreational cannabis use at home was unfairly discriminated against South Africa: The end of maternity leave? South Africa: The tussle between unilateral extension options and pre-contracts in football South Africa: Honesty is the best policy when it comes to sick leave South Africa: Five trends employers can expect in the workplace in 2023 South Africa: Employees must have their jobs back after maternity leave South Africa: The burden of employers when employees embark on unprotected strikes South Africa: ‘Smoke at your own risk’ – Labour Court finds against employee who was dismissed for consuming cannabis in their own home South Africa: Masks may be off, but watch what you say South Africa: Masks have fallen in the workplace South Africa: CCMA finds retrenchment of employee and non-payment of severance for refusing to comply with vaccination policy fair South Africa: Bullying in the workplace – a form of discrimination which must be eliminated South Africa: Labour Court finds employer’s admission policy to be lawful and not a mandatory vaccination policy South Africa: Urgent Labour Court application to declare mandatory vaccination policy unlawful struck off the roll South Africa: CCMA finds that denying an employee access to the workplace for refusing to vaccinate constitutes a fair suspension To what extent does the #BLM movement have an impact on our South African legal framework when it comes to employers in the workplace? Does resigning in the face of disciplinary action ‘let you off the hook’? You’ve been subpoenaed!
Brochures
Employment

Overview

Sibusiso’s practice is focused on providing advisory and litigation services to public and private entities in respect of a range of employment law issues including, but not limited to, unfair dismissals; unfair employment practices including unfair discrimination on any grounds; collective labour law; employment equity; transfers of businesses; s189 processes; restraints of trade; incapacity and incompatibility; lifestyle audits; management of senior employees; and managing Covid-19 in the workplace.

Regarding the litigation aspect of his practice, he appears on behalf of clients in various forums including disciplinary enquiries (at times as a presiding officer), the CCMA, Bargaining Councils and the Labour Court. In addition, he conducts investigations into, among others, misconduct; allegations of racism; sexual harassment; bullying and intimidation; unfair discrimination; mismanagement of employer funds; and irregular/fruitless and wasteful expenditure. Regarding the advisory aspect of his practice, he provides advice to clients at Board and senior executive management level. The advice not only relates to management of individuals, but also strategy to be adopted by the company insofar as it relates to employment law or any other considerations applicable at the time which may have an impact on the reputation of client’s business.

Sibusiso has further acquired experience in sports law with a focus on South African football law where he has represented professional clubs before the PSL Disciplinary Committee and Dispute Resolution Chamber.

Experience

Recently Sibusiso advised:

  • Standard Bank of South Africa Limited regarding allegations of harassment against a senior executive. In this regard, he conducted an investigation into the allegations and prepared an investigation report.
  • Old Mutual Limited regarding allegations of harassment against senior executives. In this regard, he conducted an investigation into the allegations and prepared an investigation report.
  • Bidvest Bank in respect of unfair labour practice disputes brought by 21 employees. In this regard, he appeared on behalf of the client at the CCMA.
  • Postbank SOC Limited in respect of a review application brought against the client by a senior manager.
  • Visa in respect of an unfair dismissal and unfair discrimination dispute brought against client by a senior executive at the CCMA and the Labour Court.
  • Putco in respect of an urgent application at the Labour Court to interdict an unprotected strike by over 100 employees.
  • Eskom in respect of an unfair retrenchment dispute at the Labour Court.
  • Barlworld Logistics in respect of a section 197 transfer dispute against a service provider which was heard at the Labour Court and private arbitration.
  • Transnet in respect of a review application at the Labour Court pertaining to an unfair dismissal claim brought by a senior manager.
  • Pick n’ Pay Stores in respect of an equal pay dispute referred to the CCMA by a union and its members.

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