School of Law

Biography:

Ms Nicola Whitear is a lecturer in the fields of Evidence and Labour law at the School of Law. She holds a BA, LLB,LLM. Her research interests are in Evidence, labour law, legal ethics and legal education.

Academic Qualifications:

• BA
• LLB (UN, PMB)
• LLM (UKZN)

Professional Qualifications:

• Admitted Attorney of the High Court of South Africa
• Commissioner of the CCMA

Research Interests:

• Law of Evidence
• Legal Ethics
• Legal Education
• Labour law

Publications

• 2016, 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) Journal Title: Industrial Jaw Journal, Vol 37, Issue 1 Pages: 62-75 Authors: Nicola Whitear -Nel, Brenda Grant, Simphiwe Phungula

Recent Papers Delivered:

• Presented a paper at the Society of Law Teachers of Southern Africa (SLTSA) conference in July 2009 titled “Consent, paternalism and end of life decisions – does volenti cure all ills?”
• Soni S (2010) Am I my sister’s keeper? The new assisted reproductive technologies and the law. The Natal Witness. February 2010
• Soni, S (2010) Regulating Human Cloning – A Commonwealth Comparison. Speculum Juris, Issue 2010(2)
• Strode A & Soni, S (2012) Pre-implantation diagnosis to create ‘saviour siblings’: A critical discussion of the current and future legal frameworks in South Africa. South African Medical Journal Volume 1 (2012)
• 2015, A historical review of the development of the post-apartheid South African LLB degree – with particular reference to legal ethics Journal Title: Fundamina: A Journal of Legal History, Vol 21, Issue 2 Pages: 234-250 Authors: Nicola Whitear -Nel, Freedman, Warren
• 2015, 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 Journal Title: SA Mercantile Law Journal, Vol 27, Issue 2 Pages: 348-357 Authors: Grant, Brenda, Whitear-Nel, Nicola
• 2015, Protecting the Unwed Mother against Automatically Unfair Dismissals for Reasons Relating to Pregnancy Journal Title: Industrial Law Journal, Vol 36, Issue 1 Pages: 106-119 Author: Whitear-Nel, N., Grant, B.
• 2015, The Constitutionality of s 2(2) of the Prevention of Organised Crime Act (Law of evidence: recent cases) Journal Title: South African Journal of Criminal Justice, Vol 28, Issue 1 Pages: 97-113 Author: Whitear-Nel, Nicci