- Disciplinary Enquiry
Joel is a practicing advocate and has been a member of the Cape Bar since 1984. From the outset, he developed a specialism in Labour law, beginning when the modern unfair labour practice jurisprudence was still being formulated. More recently, he has developed expertise in land matters.
Joel has 21 reported decisions in the law reports, including:
1. Unfair dismissals of migrant labourers, who had legitimate expectations to be re-employed on contract, retrenchments, the application of administrative law principles of audi alteram partem to the employment contract, harassment and striking workers.
2. Reviews in the Supreme Court, on retrenchments and appointments of conciliation boards, and administrative law reviews under the common law.
3. Human rights, such as the rights of children, and administrative reviews concerning the right of unlawful occupiers not to be evicted without considering alternative land and accommodation and reviewing and setting aside of land dispossessions.
4. Racially discriminatory practices and land claims from Namaqualand and the Kalahari, including a land mark decision in the Land Claims Court on racial discrimination by omission in November 2011.
Since becoming a member of IMSSA in the 1980s, Joel developed expertise in the mediation and arbitration of labour disputes, including disciplinary enquiries. He has also mediated community disputes, especially in land claims. Mediation of wage disputes and disputes related to university transformation have involved up to 100 representatives at the hearings.
Beyond labour and land issues, he has been involved in multiple aspects of litigation in the High Court, including company law, corporate good governance, contract, copyright, zoning, environmental law, mining law, estates, insolvency, conveyancing, and political criminal matters during apartheid.
Joel has an interest in constitutional law and spent time in India studying Indian Constitutionalism, a subject on which he published an article relating to appointments, discrimination and quotas, in the SA Law Journal in 1993.
Joel is a founder member of Nadel, as well as of Advocates for Transformation.
Lastly, Joel is a trustee of Chris Burger/Petro Jackson Players Trust Fund for sports injuries in rugby, and the honourary legal advisor to the Western Cape Association for Persons with Disabilities, a non-profit association.
Joel is based in Cape Town.