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Kershwyn Bassuday

Kershwyn joined the Department of Commercial Law at the Faculty of Law as a lecturer in 2015. He completed his articles of clerkship in 2014 and is an admitted attorney of the High Court of South Africa and an Accredited Commercial Mediator. Having graduated with a LLB from the University of KwaZulu Natal, he thereafter pursued a Masters in Law with a specialisation in Labour Law at the University of Cape Town.

Kershwyn, previously having worked for a large business law firm, has an interest in employment law and general commercial jurisprudence, but is also interested in applying the alternative dispute resolution principles found in the employment law sphere to commercial matters and expand the area of resolving disputes without litigation.



Business Law 1 


Dispute Resolution




‘Time’s up for employers hiding from sexual harassment settlements’ (July 2018) De Rebus

‘Dispute Resolution Mechanisms in Employment Contracts – When should the Labour Court Intervene? SA Football Players Union & others v Free State Stars Football Club (Pty) Ltd (2017) 38 ILJ 1111 (LAC)’ (2018) 39 ILJ 97

‘Is there an onus to prove an impairment of dignity in discrimination cases?’ (September 2017) De Rebus 

'Disciplinary Sanctions in the Alternative' (2016) 37 ILJ 2251     

‘Retrospective corporate validity and the Companies Act 71 of 2008 – legislative intention or oversight?’ (April 2016) De Rebus 

Book notice: ‘Law@work, Labour Relations Law: A Comprehensive Guide and CCMA — A Commentary on the Rules with a Practical Guide for Unfair Dismissal Claims (2016) SALJ 936

‘Derivative misconduct and an employee's duty of good faith: Western Platinum Refinery Ltd v Hlebela & others (2015) 36 ILJ 2280 (LAC)’ (2016) 37 ILJ 86

‘Incapacity or Disability? The Implications for Jurisdiction Ernstzen v Reliance Group Trading (Pty) Ltd (C717/13) [2015] ZALCCT 42 (2015)’ 36 ILJ 2516


Conference/seminar presentations

‘Deciding the appropriate disciplinary sanction – trust, remorse, & disciplinary sanctions in the alternative’ 31st Annual Labour Law Conference (2018) Johannesburg 

‘What is a Private Settlement?’ BRICS Legal Forum (2017) Moscow

'The Effect of Globalisation on the South African clothing job sector' 4th International Seminar on International and Comparative Labour Law (2017) Venice

‘Ban PowerPoint in lectures - a move towards dynamic engagement’ Western Cape Law Teaching and Learning Conference (2015) Cape Town