- Publications & Insights
Melissa Cogger is a senior associate in our Cape Town office Employment and Benefits practice.
She specialises in employment law and has been involved in advising clients on a number of employment issues including drafting local employment contracts, mutual separation agreements, policies and procedures, trade union recognition agreements, restructuring and retrenchments, sexual harassment, restraint of trade disputes, review applications, a-typical employment relations, dismissals for operational requirements, suspensions, and section 197 transfers.
She has also been involved in a number of investigations into allegations of serious misconduct relating to senior executives and other employees.
Melissa has also assisted and represented clients in CCMA arbitration proceedings in relation to unfair dismissal disputes, unfair labour practice disputes, constructive dismissal claims and organisational rights disputes. She has been involved in Labour Court litigation in interdicting unprotected strike action and review applications.
Melissa completed her LLB and LLM in labour law at the University of the Witwatersrand and joined Bowmans as an Associate in January 2015.
- Involved in successfully launching urgent interdictory proceedings in Labour Court against unprotected strike action for one of the largest fishing companies in South Africa.
- Arbitration proceedings at the CCMA concerning the interpretation of a collective agreement, the outcome of which gave clarity to the Fishing Industry at large.
- Melissa has assisted one of the largest retail industry clients in successfully launching and opposing the enforcement of restraints of trades in the High Court as well as advice to clients on restraints of trade generally.
- She recently assisted a special needs school in investigating allegations of serious misconduct against employees relating to the misappropriation of R2 million in donor funding, representing the school in internal disciplinary proceedings and in arbitration proceedings at the CCMA, and assisting the school in laying criminal charges against the employee.
- Melissa has also been involved in successfully opposing review applications of arbitration awards in the Labour Court.
Publications & Insights
- South Africa: enforcing restraints of trade during the COVID-19 pandemic
- COVID-19: Update on leave for occupationally acquired COVID-19
- COVID-19: Leave for occupationally acquired COVID-19, South Africa
- COVID-19: Compensation for occupationally acquired COVID-19
- COVID-19: Can South African employers and employees agree to postpone the forfeiture of annual leave?
- COVID-19: The accrual of annual leave during lockdown, South Africa
- COVID-19: Public holidays during lockdown
- Why investigate an employee?
- Labour Minister’s view should be seen as warning