Hunter has extensive expertise and experience in the employee benefits arena, specifically regarding pension funds and medical schemes. He regularly advises employers participating in pension funds or medical schemes, boards of management of pension funds or medical schemes, administrators of pension funds or medical schemes or insurers who have provided insurance cover to the boards of management or administrators.
Hunter has been involved in providing advice to various parties who have been affected by pension fund failures in South Africa and has extensive experience in forensic investigations.
As Hunter is a registered tax practitioner, he has advised numerous investment product providers on the tax consequences of investment products. Hunter has also provided advice to numerous Financial Service Providers regarding compliance with all the relevant South African legislation – these Financial Service Providers include registered long-term insurers, asset managers and other representatives.
Hunter also has extensive experience in field of the law of trusts and has been involved in litigation where interested parties sought the removal of the appointed trustees. Hunter provides regular advice to trustees regarding their duties of trustees, the taxation of trusts and the use of trusts as an effective estate planning investment vehicle.
Hunter started his legal career in Durban where he was a candidate attorney at John Hudson and Company in 1995 and 1996. Hunter was appointed as an associate in 1997 and a partner in 1998. In 1998 Hunter relocated to Johannesburg and was employed by Investec Investment Management Services. Hunter headed up Investec Investment Management Services pension legal team. Hunter left Investec in 2001 and was appointed as an Associate at Edward Nathan. Hunter re-joined Investec Private Bank in 2003 and was tasked with assisting in defending various claims brought against Investec Employee Benefits by various pension funds. Hunter left Investec and was a founding shareholder in Hunter Employee Benefits Law – the first boutique employee benefits legal firm. In 2010 Hunter joined Hogan Lovells (previously Routledge Modise) as head of Financial Services.
- Been a trustee of numerous pension funds.
- Advised benefit administrator on the efficacy of their administration system, fraud mitigation and governance.
- Advised numerous trustees of pension funds to institute legal proceedings against administrators and/or their insurers.
- Advised defending actions / claims brought against trustees of pension funds, administrators and insurers.
- Conducting forensic investigation where investor assets have been misappropriated and instituting legal proceedings to recover the assets.
- Advised long-term insurers on product development and compliance with all relevant legislation.
- Advice regarding the Financial Advisory and Intermediary Services Act.
- Advising on the Financial Institutions (Protection of Funds) Act.
- The International Who’s Who Legal: Pensions and Benefits 2015 identified Hunter Thyne as one of the leading lawyers in pensions and benefits law.
NEIL JACOBS
Neil provides his clients with expert services relating to aspects of Corporate, Commercial and Employment Law. From start-up requirements and processes to drafting of complex shareholders agreements and Memorandums of Incorporation he aims to provide a personalised and effective solution to his clients’ business requirements. Neil also offers expertise in the Employment Law arena and advises clients on the implementation and execution of all Employment related policies and procedures which also includes informal and formal dispute resolution aspects of Employment Law.
Neil was admitted as an attorney in November 2009 and started his own practice in January 2010 as a sole proprietor with an initial service offering of medical malpractice related disputes and general litigation.
Neil had a keen interest in Corporate and Commercial Law and as a result his firm naturally developed into a law firm that mainly focused on representing and advising corporate enterprises. His client base rapidly expanded from representing small business to multinational corporations and a state-
owned enterprise in various spheres of business from aviation and insurance to pharmaceutical and more.
Due to the rapid expansion of his client base and a desire to provide a wider service offering, he partnered with Ms T Gonyora and Jacobs Gonyora Inc was established. Jacobs Gonyora Inc provided clients with services from Corporate and Commercial to Conveyancing, Notarial and Deceased Estate Administration.
Neil’s intricate involvement in the business of his corporate clients led to the establishment of a prominent Employment law department within Jacobs Gonyora Inc which also led to his involvement in employee benefit related disputes.
The evolution of Neil’s expertise in Corporate and Commercial Law led to the incorporation of Thyne Jacobs Inc in June 2017 wherein he holds the position of Director: Corporate and Commercial.
- Advising on and registration of legal entities which include the drafting of shareholders agreements and memorandums of incorporation.
- Drafting of various commercial agreements such as sale of share agreements, partnership agreements and joint venture agreements.
- Advising on the restructuring of a group of companies into a holding and subsidiary structure and all related legal implications.
- Advising various corporate entities on the intricacies involving employment disputes, disciplinary enquiries, arbitrations and review applications.
- Advising and assisting on drafting of employment related policies and procedures, employment agreements and all employment law related documentation.
- Chairing disciplinary enquiries, representing clients at CCMA and private arbitrations and launching of and defending review applications.
- Advised on and defended against various statements of claim launched out of the
- Labour court for disputes relating to the dismissal of striking employees and unfair large-scale retrenchments.
- Launching of urgent interdicts relating to unprotected industrial action.
- Launching of an appeal against the Pension Funds Adjudicator’s ruling to hold trustees liable in their personal capacities for the costs the Fund incurred to rebuild the Funds data.
- The institution of legal proceedings against a Pension Fund’s insurers after they had repudiated a claim made by the Fund regarding the theft of fund assets.
- Defending and settling an action instituted by a participating employer of a Fund against the administrator and trustees for damages suffered because of a rebuild of the Funds data.