Senior Associate - Litigation / Dispute Resolution MOHS
Admitted Attorney - MOHS / Litigation
Our client is a prestigious large firm in Sandton and require the services of an experienced Litigation Attorney with preferably some Mining - Health and Safety experience 3+ years.
The work involves all aspects of:
statutory and regulatory advice in terms of the Mine Health and Safety Act, 1996 (MHSA) and the Occupational Health and Safety Act, 1993 (OHASA);
due diligence investigations pertaining to mine and occupational health and safety;
mine and occupational health and safety law auditing;
mine and occupational health and safety law training;
representation at informal investigations, formal inquiries, inquests and criminal prosecutions relating to mine and occupational health and safety;
preparation of legally required appointment letters and advice relating to legal appointment structures;
opinions relating to the interpretation and application of the MHSA, the OHASA, as well as regulations binding in terms of the MHSA and OHASA;
research and opinions on new developments in mine and occupational health and safety law;
drafting representations on proposed amendments to mine and occupational health and safety legislation, including legislation relating to compensation for work-related injuries and diseases;
drafting written representations following a recommendation by the Mine Health and Safety Inspectorate (“the MHSI”) of the Department of Mineral Resources (“DMR”) to impose an administrative fine in terms of the MHSA;
drafting written representations following a recommendation by the MHSI to suspend or cancel certificates of competency;
assistance in respect of prohibition (including closure) and compliance notices issued in terms of sections 54 and 55 of the MHSA and section 30 of OHASA;
preparing applications for exemptions from the provisions of the MHSA and OHASA;
preparing appeals to the Chief Inspectors of the MHSI and Department of Labour (“DOL”);
preparing appeals to the Labour Court in respect of issues pertaining to the Chief Inspectors of the MHSI and DOL;
preparing applications to the Labour Court relating to the suspension of instructions of Chief Inspectors;
preparing review applications in terms of the Promotion of Administrative Justice Act, 2000;
drafting written correspondence, representations and submissions to the relevant inspectorates of the DMR and the DOL;
support on administrative and constitutional law issues applicable to mining and industrial projects; and
civil litigation in courts (all jurisdictions) and dispute resolution in respect of mine and occupational health and safety matters.
The candidate will be expected to assume responsibility for working closely with clients, engaging with Inspectors, Principal Inspectors and Chief Inspectors of the inspectorates of the DMR and DOL, as well as managing elements of various matters. This role will offer the candidate an opportunity to develop excellent litigation abilities, technical skills and knowledge in this field of specialisation
Drafting various documents, such as statements for utilisation during investigations/inquiries; representations in respect of administrative fines and prohibition/closure notices; applications relating to, amongst others, exemption, review, etc.; letters of appointment; written submissions at the conclusion of the various types of legal proceedings; etc.
Researching law and furnishing legal opinions
Attending consultations with clients
Engaging with Inspectors, Principal Inspectors and the respective Chief Inspectors of the DMR and DOL
Attending to appearances at investigations, inquiries, inquests and criminal prosecutions (Magistrate’s Court)
General practice management including, amongst others, managing files and attending to the recovery of fees
The candidate should be an admitted attorney with a strong academic record. In addition thereto, the candidate should also possess the following:
a thorough knowledge of the law – with at least 3 years litigation experience (including the period of articles served);
extensive knowledge of administrative law and the law of evidence, as well as the Magistrate’s Court and High Court processes;
a passion for litigation and appearance work;
a willingness to travel away from Johannesburg for periods of time;
a track record of providing innovative solutions to complex matters;
strong analytical skills;
the ability to self-regulate; and
excellent communication skills (both verbal and written).
In addition to the above, it is essential that the candidate also demonstrate an ability to manage client relations, billing processes and practice management in general.
Admitted Attorney with 3+ years experience in a large firm or similar environment in Litigation and Dispute Resolution and preferably with some MOHS matters.
Good academics for LLB.
Proven track record in pressured environment.
Salary is market related to large firms and includes all the normal benefits.