Gillian Lumb has extensive experience in all aspects of employment law, including drafting contracts of employment and employee policies and procedures; furnishing advice on restructuring and retrenchments; furnishing advice on the employment law implications of the transfer of a business or entity as a going concern; conducting due diligence exercises from an employment law perspective. Gillian is a member of the Cape Law Society as well as a committee member of SASLAW, an association of experts in employment law.

Gillian began her career in 1996 as a Candidate Attorney and subsequently as a Professional Assistant at Syfret Godlonton-Fuller Moore Inc. In 2000 Gillian was appointed as an Associate at Cliffe Dekker Fuller Moore and in 2001 joined the board of directors of Cliffe Dekker Inc.

BA LLB, University of Cape Town
Date of admission: January 1998

• Acting for a mining company in defending it against a claim arising out of a large scale retrenchment exercise;
• Conducting an extensive HR due diligence prior to the formation of a joint venture company within the liquor industry;
• Assisting a company within the poultry industry in successfully defending itself in relation to numerous claims for unfair dismissal;
• Acting for a company within the tourism industry in relation to an alleged unfair labour practice.
• General Advice
  • Providing advice on selection and recruitment
  • Drafting employment contracts and letters of appointment
  • Conducting compliance audits
  • Drafting disciplinary codes and procedures and grievance procedures
  • Furnishing advice on dismissals related to misconduct, poor performance, ill-health and operational requirements
  • Chairing internal company disciplinary enquiries and appeals
  • Representing clients at internal company disciplinary enquiries and appeals
  • Providing advice and guidance on the holding of internal company disciplinary enquiries and appeals
  • Conducting workshops on the holding of internal company disciplinary enquiries and appeals
  • Advising corporate clients on various strategic issues such as the labour related implications of mergers and retrenchments
  • Providing advice and opinions in regard to a wide range of non-litigious employment law matters (and commercial matters with employment law issues) such as in regard to the restructuring of a business, transfers of businesses, services and undertakings as going concerns.
• Trade Unions
  • Involved in liaising with trade unions of behalf of corporate clients as well as various Bargaining Councils
  • Representing clients at wage negotiations, during strike action and lock-outs, consultations regarding the implementation of strike and picket rules, retrenchments and other matters involving collective bargaining /mutual interests such negotiating changes to codes and procedures.
• Dispute Resolution
  • Represented numerous parties in proceedings under the Labour Relations Act at the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils, the Labour Court, and the Labour Appeal Court
  • Negotiating settlements of labour disputes.
• Seminars and Workshops
  • Presented numerous seminars on the Labour Relations Act and other labour legislation
  • Conducted workshops regarding various aspects of IR and labour practice
  • Been an invited guest speaker at symposiums and conferences regarding labour legislation.