Think DM, Think Contemporary Law Firm

Practical experience

Curwin specializes in Labour and Employment Law, but his practice extends to a varying array of matters. His duties and responsibilities include the effective management of processes and the provision of legal advice across various areas within the legal sector, including, but not limited to regulatory compliance and the effective management of labour and employment law issues. Additionally, Curwin’s areas of focus include civil and commercial litigation, general litigation, land lord and tenant disputes, evictions, the debt recovery processes, administrative and public law disputes and personal injury law. He often appears in various forums including the High Court, Magistrates Court, Labour Court, Labour Appeal Court, the Commission for Conciliation, Mediation and Arbitration (CCMA) and bargaining councils.

A few of the matters in which he has been involved in, and is currently involved in, include the following:

• Assisted the Central Energy Fund (CEF) by providing advice on labour and employment aspects of the merger of its subsidiaries to establish a single petroleum company in South Africa.
• Assists the Passenger Rail Agency of South Africa (PRASA) in defending various personal injury claims resulting from rail commuter incidents.
• Assists various municipalities with administrative reviews of the award, preparation and drafting of tenders. Curwin is currently part of a procurement attorneys team whereby he is instructed to review and draft bespoke tenders to ensure compliance with legal and regulatory compliance in accordance with the client’s interests.
• Assisted clients with various legal opinions stemming from forensic investigations and advising on disciplinary action to be taken.
• Advises and represents clients on complex and high-level labour and employment law matters, including initiating and chairing disciplinary enquiries, representing clients at the CCMA and Bargaining Councils in respect of alleged unfair dismissal and unfair labour practice disputes, and the institution of opposition of reviews of awards stemming from binding disciplinary enquiry rulings or CCMA and Bargaining Council awards.
• Assisted a private wine distribution company with the enforcement of restraint of trade provisions in contracts of previous employees and proceeded with subsequent damages claims against such employees, which included the necessity for an anton pillar application to secure evidence.
• Represented PRASA Cres (PRASA’s property division) with the management of their landlord and tenant portfolio which included the general advice and management of the commercial and residential properties. Specifically proceeding with litigation for the recovery of arrear rental and eviction proceedings against the tenants of the properties upon termination of the leases, as well as any commercial disputes related thereto.
• Assisting clients with POPIA compliance, drafting relevant opinions and relevant policies relating to governing and procurement solutions.
• Advising clients on property law and management related aspects, including advising on the Prevention of Illegal Eviction from, and Unlawful Occupation of Land Act (1998).
• Drafted and reviewed various complex and high level contracts on behalf of numerous private clients.
• Curwin’s regular clients include the Department of Home Affairs (DHA), the City of Cape Town Metropolitan Municipality, the Road Accident Fund (RAF), Transnet National Ports Authority (TNPA), Airports Company of South Africa (ACSA), Passenger Rails Agency of South Africa (PRASA) and the Strategic Fuel Fund.

Area of expertise

• Administrative and Public Law
• Corporate and Commercial Law
• Procurement Law
• Labour and Employment Law
• Personal Injury Law
• Property Law and Management
• Evictions and Landlord, and Tenant Disputes
• Commercial, General Civil and Labour Litigation

Qualifications

• Admitted and practising Attorney (2017)
• Bachelor of Law (LLB)
• School for Legal Practice
• Certificate in Practice Management