Nicci Whitear-Nel is a passionate scholar with a rich publication and conference history. She teaches in the fields of evidence, labour law (undergraduate and masters level) and child law (masters level).
Academic qualifications
BA (Natal)
LLB (Natal)
LLM (UKZN)
PhD candidate (UKZN)
Professional qualification
Admitted Attorney
Senior part time CCMA commissioner
Panelist, Dispute Resolution Centre, Motor Industry Bargaining Council
Research Interests
online dispute resolution
children in the criminal justice system
hearsay evidence in labour matters
law of evidence
labour law
legal ethics
Membership of Professional & Other Organisations
South African Society of Labour Lawyers (SASLAW)
African Labour Law Society (ALLS)
Accredited Instructor, Law Society of South Africa
Publications
Books
Labour Law Principles and Interactive Exercises (Whitear-Nel and Sullivan) (2000)
Labour Law Educational Publications
Labour Law and Social Media (contributing author: Whitear-Nel ch 8) 1st Edition (Edge Publications).
2022 / Obiter / Remote Proceedings in Australia: Lessons for South Africa.
2022 / South African Journal of Criminal Justice / Evidence Case Reviews.
2021 / South African Judicial Education Journal / Review of Workplace Law
2021 / South African Journal of Criminal Procedure / The Law of Evidence Case
Reviews.
2020 / Industrial Law Journal / Hearsay evidence in labour arbitrations.
2020 / South African Journal of Criminal Justice / Revising Spousal Testimonial
Privilege and Marital Communications Privilege in South African Criminal Procedure,
Part 1.
2020 / South African Journal of Criminal Justice / Revising Spousal Testimonial
Privilege and Marital Communication Privilege in South African Criminal Procedure,
Part 2.
2019 / South African Law Journal / Video-Link Testimony in Civil Cases.
2019 / Obiter / The Ethics of Legal Practitioner’s in Resource Scarce Institutions.
2019 / South African Journal of Criminal Justice / Admonishment and competence of a
mentally challenged adult: Case reviews.
2019 / Industrial Law Journal / Testifying in camera and by video-link in the labour
context in South Africa: Challenges and Opportunities.
2018 / Obiter / No ordinary Hearsay! A discussion of Minister of Police v RM M, SSSBC and M Smith.
2017 / South African Law Journal / The admissibility of extra curial admissions by a
co-accused: A discussion in the light of the Ndhlovu, Litako and Mhlongo/Nkosi cases and international law.
2017 / Industrial Law Journal / Do you want a lover tonight? A discussion of Campbell Scientific Africa Pty Ltd v Simmers and others.
2017 / Industrial Law Journal / Garden Leave: A discussion in the context of Vodacom Pty Ltd v Motsa & another.
2017 / South African Journal of Criminal Justice / Evidence: Current cases.
2016 / Industrial Jaw Journal / Who needs to notify the employer of impending strike action? A discussion of SA Transport & Allied Workers Union & others v Moloto & another 2012 (6) SA 249 (CC); (2012) 33 ILJ 2549 (CC).
2015 / Fundamina: A Journal of Legal History / A historical review of the development of the post-apartheid South African LLB degree – with particular reference to legal ethics.
2015 / SA Mercantile Law Journal / Proving damages under the common law in labour cases: a discussion of South African Football Association v Mangope (2013) 34 ILJ 311 (LAC): case note.
2015 / Industrial Law Journal / Protecting the Unwed Mother against Automatically Unfair Dismissals for Reasons Relating to Pregnancy.
2015 / South African Journal of Criminal Justice / The Constitutionality of s 2(2) of the Prevention of Organised Crime Act (Law of evidence: recent cases).
2015 / Industrial Law Journal / Some thoughts on compensation and damages for automatically unfair dismissals and discrimination.
2014 / South African Journal of Criminal Justice / The child witness, competence and the oath or admonishment (Law of evidence: recent cases).
2014 / South African Journal of Criminal Justice / The duty of recusal.