Alan Rycroft

Course Convenor and Head Tutor

Alan Rycroft is a qualified attorney, accredited arbitrator and mediator. Since 1983 he has been a law teacher, initially at the University of KwaZulu-Natal in Durban, where from 1995 to 2000 he was dean of the Faculty of Law. He moved to UCT in 2009, where he held the Chair in Commercial Law. Practising and teaching initially in maritime law, he developed an interest in labour law, and has published widely in this area. Since 2003, he has been one of the co-organisers of the Annual Labour Law Conference. Arising from his interest in labour law is an involvement in dispute resolution. Since 1996, he has been a part-time senior commissioner at the Commission for Conciliation, Mediation and Arbitration (CCMA). He also serves on the panel of arbitrators for the SA Local Government Association.

BA (Rhodes) LLB (Natal) LLM (London)

Alan Rycroft is a qualified attorney, accredited arbitrator and mediator. Since 1983 he has been a law teacher, initially at the University of KwaZulu-Natal, in Durban, where from 1995 to 2000 he was Dean of the Faculty of Law. He moved to UCT in 2009 where he holds the Chair in Commercial Law.

Practising and teaching initially in Maritime Law, he developed an interest in labour law and has published widely in this area. Since 2003 he has been one of the co-organisers of the Annual Labour Law Conference.

Arising from his interest in Labour Law is an involvement in dispute resolution. Since 1988 he has been an accredited mediator and arbitrator, initially under the auspices of IMSSA (Independent Mediation Services of South Africa). Since 1996 he has been a part-time Senior Commissioner, Commission for Conciliation, Mediation and Arbitration (CCMA). He serves on the panel of arbitrators for the South African Local Government Association.

Teaching

• Conflict Resolution (LLB)
• Negotiation (LLM)
• International Arbitration (LLM)
• Conciliation and Arbitration (LLM)

Publications

Books:

• Trade Unions and the Law (2009) (Co-author with T Cohen & B Whitcher)
• Managing conflict in schools (2007) (Co-author with R Jacobson)
• Sexual Harassment in the Workplace: Law, Policies and Processes (2005) (Co-author with R le Roux, T Orleyn)
• Mediation: Principles, Process & Practice (1997) (Co-author with L Boulle)
• A Guide to South African Labour Law 2 ed (1993) Juta (Co-author with B Jordaan)

Recent articles:

• ‘Blurring the lines between incapacity, misconduct and operational requirements: Zillo v Maletswai Municipality & others' (2009) SA Mercantile L J 1-7
• ‘Workplace bullying: unfair discrimination, dignity violation or unfair labour practice? (2009) 30 ILJ 1431 -1450
• ‘Bringing the employer into disrepute' (2008) 29 ILJ 1605-1613
• ‘Rethinking the requirements for a fair appointment or promotion: Arries v CCMA & others (2006) 27 ILJ 2324 (LC)' (2007) 28 ILJ 2189-2193
• ‘Racism in the workplace' (2007) 28 ILJ (with Tebello Thabane)
• ‘Affirmative Action in Retrenchment: Thekiso v IBM South Africa (Pty) Ltd' (2007) 28 ILJ 81-85
• ‘Pre-retrenchment Disclosure? Well, Maybe Not...' (2006) 27 ILJ 2014- 2018
• ‘Rethinking Joinder in Appointment Disputes' (2005) 26 ILJ 1896 -1901
• ‘The entitlement to leave pay' (2004) 25 ILJ 43-47
• ‘Judicial Innovation and the Delinquent State' (2004) 20 SAJHR 321-330 (Co-authored with A Bellengere)
• 'Corporate Homicide [2004] 17 SAJCJ 141-157