Hermann is the head of our employment and labour practice based in Johannesburg. He focusses on collective labour law, and individual and general employment law.
Hermann acted for a major food company in an arbitration about the alleged unlawfulness of contracts with drivers who used to be employees. The constitutional issue of the contracts being contrary to public policy was the central issue in the matter. The drivers applied to the Labour Court to have the award reviewed, but were unsuccessful.
He represented another major food company in a dispute where employees were retrenched due to the fact that they allegedly participated in major acts of violence during a strike but could not be positively identified. This dispute is on-going.
He is advising a parastatal practice on a major restructuring.
Hermann obtained his B.Com (Law) and LLB degrees from the University of Stellenbosch. He was admitted as an attorney and a conveyancer during 1985. Before joining the practice, Hermann practiced employment and labour law in Cape Town for 15 years.
Hermann has been mentioned in Legal500 and is listed as a knowledgeable labour and employment lawyer in Expert Guides and the Legal Experts Directory. He was recognised by Chambers Global for employment in 2014.
Hermann has served as an assessor in the Labour Appeal Court, as an acting judge in the Labour Court and for a number of years as a member of the Standing Committee on Labour Law of the Law Society of SA. He is currently a member of the National Committee of the South African Society of Labour Law.
The rules of the CCMA that limit legal representation in disputes relating to dismissals for misconduct or incapacity are valid and not unconstitutional.
September 26, 2013
After over two years before Parliament the Labour Relations Amendment Bill was finally adopted by the National Assembly yesterday after having been passed by 248 vot.
August 21, 2013
South African-led legal team advised Barclays Africa Group on the disposal of its 73.37% limited partner and related interests in Absa Capital Private Equity Fund..
February 13, 2014
Herman Nieuwoudt comments on the importance of workers, companies and the government agreeing and upholding a social pact to prevent industrial action..
September 12, 2013