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.
He obtained his B.Com (Law) and LLB degrees from the University of Stellenbosch and 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.
He represented a client in the first outsourcing dispute that was heard by our constitutional court.
He recently advised Exxaro Resources limited on acquisition of Total Coal South Africa (Pty) Limited from Total SA’. Hermann also 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 recently gave strategic advice to a parastatal business and a major food company on major restructurings.
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 in Band 2 for employment in 2014. Hermann is also listed as a leading individual, and is a recommended employment and labour, in Legal500, 2015.
Hermann has served as an assessor in the Labour Appeal Court, as an acting judge in the Labour Court, for a number of years as a member of the Standing Committee on Labour Law of the Law Society of SA and as a member of the National Committee of the South African Society of Labour Law.
The legal landscape is changing significantly with the:.
October 2, 2014
On 7 May 2015, the Minister of Labour, in her budget vote speech, announced proposed amendments to the Occupational Health and Safety Act (OHSA) and the Compensation for Occupational Injuries and Diseases Act (COIDA). .
May 24, 2016
The Eastern Cape High Court has developed the common law and expanded the circumstances in which an employer may be held vicariously liable for its employee’s sexual harassment of another employee. .
May 06, 2016
Hermann Nieuwoudt was quoted in an article about the Constitutional Courts’ stance on missing documents in CCMA trials..
January 21, 2016
The Labour Relations Amendment Bill 2012 includes extensive changes to organisational rights, the right to strike and liability for unlawful conduct, the regulati....
December 01, 2014