José da Silva
BPROC; ADLL; CSL; CPFL
José was admitted as an Attorney of the High Court of South Africa during February 1990. He takes part in the organised profession, regularly acting as a member of the Disciplinary Committee of the (then) Law Society of the Northern Provinces.
José specialises in Labour Litigation before the CCMA, various Bargaining Councils and the Labour Court. In addition to Labour Litigation, he also drafts Recognition Agreements and Contracts of Employment and has advised on labour implications of mergers and acquisitions and the labour implications of corporatisation of State-Owned Enterprises. He regularly advises on restructuring of businesses and transfers or sale of businesses as going concerns and advice on retrenchments, rationalisations, as well as employment related legislation, including Pension Fund issues.
José is also a member of SASLAW (South African Society for Labour Lawyers) and has presented seminars on topics relating to Labour Law.
Key clients that José has advised a vast number of clients in different industries, including construction, financial, medical aid schemes, aviation, regulatory, State-owned enterprises, and tertiary education institutions.
José chairs Disciplinary Inquiries and conducts investigations on behalf of employers relating to various forms of misconduct and initiates disciplinary enquiries. He also participates in wage negotiations with Trade Unions on behalf of clients.
José has advised clients on disputes relating to Pension Funds Law, including assisting clients with complaints lodged with the Pension Funds Adjudicator.
José became a mediator (accredited with Conflict Dynamics) in January 2018.
Being proficient in Portuguese has also ensured that José assists clients in foreign jurisdictions, such as Mozambique, Angola and Portugal. One of his most notable achievements to date is that he forms part of the international legal team that is defending a claim of US$ 300 million against a South African Parastatal company before the civil courts in Lisbon, Portugal.
Fields of expertise
- Employment law
- Pension Funds law
- Conflict Dynamics Accredited mediator
