Bradley Workman-Davies

Director

Bradley Workman-Davies is a director in the Employment, Business Crimes & Investigations, Insolvency & Business Rescue and Technology & Innovation practice areas and has been with the firm since 2000. Bradley advises on labour and employment, pension and employee benefits, business crimes and investigations, and financial services regulation. Bradley is a trusted advisor to a number of well-known national and international corporate organisations.

His areas of specialisation and research interest include South African employment law (primarily in relation to the application of labour law in the corporate and commercial area); employment share and benefit schemes; executive appointments and terminations; employee retirement benefit schemes and pension law; health and safety law; and commercial employment and corporate structuring (including labour due diligences for mergers and acquisitions).

A number of cases on which Bradley has advised and which have been successfully litigated constitute leading precedents on various points of South African labour and employment laws.

Bradley obtained his LLB from the University of the Witwatersrand, and also holds Higher Diplomas in Company Law and Labour Law (both cum laude) from the University of the Witwatersrand.

Bradley consistently contributes thought leadership articles to mainstream media such as, Business Day, Business Law Review, Sunday Times, Business Tech etc.

Experience: 23 years

Practice areas

Business Crimes & Investigations
Employment
Insolvency & Business Rescue
Technology & Innovation

Expertise

Litigation & Dispute Resolution

Labour and Employment
Pension and Retirement
Insolvency & Business Rescue
Business Crimes & Investigations

Legislation

Labour Relations Act
Basic Conditions of Employment Act
Employment Equity Act
Unemployment Insurance Act
Unemployment Insurance Contributions
Compensation for Occupational Injuries and Diseases Act
Occupational Health and Safety Act
Skills Development Act
Skills Development Levies Act
National Minimum Wage Act
Protection of Personal Information Act

Relevant Experience

Employment Contracts and Policies: I have drafted, reviewed, and negotiated numerous employment contracts, ensuring compliance with labour laws, and addressing issues related to terms and conditions of employment, benefits, and termination clauses. I have advised clients on the development and implementation of workplace policies and procedures.
Labour Dispute Resolution: With years of experience, I have represented clients in various labour dispute resolution processes, including conciliations, mediations, and arbitrations. I have a deep understanding of the processes and strategies involved in resolving disputes such as unfair dismissals, discrimination claims, and wage disputes.
Collective Bargaining and Union Relations: I have been involved in negotiating and drafting collective bargaining agreements on behalf of employers, ensuring that the agreements protect the interests of the client while adhering to labour laws. I have advised on union relations, including union recognition, disputes, and strikes.
Employment Equity and Discrimination: Given the importance of promoting diversity and combating discrimination in the workplace, I have advised clients on matters related to employment equity, affirmative action, and anti-discrimination laws. I have helped clients develop policies and practices that foster inclusivity and compliance with relevant legislation.
Restructuring and Retrenchment: I have provided guidance on labour law implications during corporate restructurings, mergers, and acquisitions. I have assisted clients in navigating the legal requirements related to retrenchments, including consultations with employees, severance packages, and compliance with the Labour Relations Act.
Health and Safety: Workplace health and safety is a critical aspect of labour law. I have advised clients on their obligations to provide a safe and healthy work environment, including compliance with Occupational Health and Safety (OHS) regulations and representation in matters related to workplace injuries or fatalities.
Employment Litigation: Over the years, I have developed strong litigation skills and represented clients in labour-related disputes before various forums, such as the Commission for Conciliation, Mediation, and Arbitration (CCMA), the Labour Court, and other judicial bodies. I have a track record of successfully advocating for their clients' interests and achieving favourable outcomes.
Compliance and Risk Management: With my extensive experience, I have become well-versed in labour law compliance and risk management. I have conducted audits, provided advice on legal obligations, and implemented proactive measures to minimize legal risks for their clients.
Pension Fund Contributions and Benefits: I have advised employers on the legal aspects of pension fund contributions, including employer contributions, employee deductions, and compliance with prescribed contribution rates. I have expertise in pension fund benefits, such as retirement benefits, disability benefits, death benefits, and the options available to beneficiaries.
Business Rescue: I have advised employers and business rescue practitioners during business rescue proceedings. I am familiar with the legal framework for business rescue, including the rights and protections afforded to employees, the appointment of business rescue practitioners, and the formulation and approval of business rescue plans.

Career

MA, University of South Africa, 2010
Higher Diploma in Labour Law (cum laude), University of the Witwatersrand, 2006
Higher Diploma in Company Law (cum laude), University of the Witwatersrand), 2003
Admitted as an attorney, 2003
LLB, University of the Witwatersrand, 2000
BA (Hons), University of the Witwatersrand, 1996

Highlights

Listed as a recommended lawyer in Employment by Legal 500 (2024).
Selected as one of the world’s leading practitioners in the Who's Who Legal: Labour, Employment & Benefits report (2022 – 2024).
Has acted for the Pensions Fund Adjudicator, advising on the adjudication of disputes in terms of sections 30A to 30Y of the Pension Funds Act, 24 of 1956.

Authorships

"The Right of Employers to Dismiss Employees in the Context of Business Transfers – An Analysis of the Automatically Unfair Dismissal Provisions of the Labour Relations Act”, Industrial Law Journal, Volume 28 October 2007.
"The Legality of Locking out Non-striking Employees: The Perspective of the South African Appeal Court”, International Labour Rights Case Law, Volume 2, Issue 1, 2016.