South Africa: Employment and HR

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Employer Of Record Arrangements: An Overview Of The Overlooked Intellectual Property Implications

Employer of Record ("EOR") services have become increasingly popular among businesses seeking to expand internationally, access global talent and navigate complex employment regulations without the need to establish a local legal entity.

South Africa Employment

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ENS

Sick Notes In South African Workplaces: Clear Rules, Fair Processes

South African law treats sick leave and medical certificates as part of a balanced system. The Basic Conditions of Employment Act, 1997 (BCEA) gives employees paid time to recover...

South Africa Employment

FW

Fairbridges Wertheim Becker

Misconduct Without Dishonesty? Tribunal Clarifies The Scope Of Section 37D Of The Pension Funds Act

A recent decision by the Financial Services Tribunal ("Tribunal") has revisited an old but recurring question under the Pension Funds Act ("the Act"):...

South Africa Employment

AA

Adams & Adams

Silencing The Canary - An Attack On Whistleblowers

The assassination of Gauteng Health employee, Babita Deokaran, has become a stark reminder of the danger and plight faced by whistleblowers on a daily basis in South Africa.

South Africa Employment

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ENS

The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

South Africa Employment

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Fasken

The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

South Africa Employment

FS

Fasken South Africa

The Landmark Parental Leave Judgment: Cementing All Classes Of Parents As Equal Participants In Their Children's Lives

South Africa Employment

WW

Webber Wentzel

Jurisdiction Drawn At The Line: Tribunal Confirms Limits Of The Pension Funds Authority

South Africa Employment

AA

Adams & Adams

South Africa's Parental Leave Reform In Progress - All Parents - Biological, Adoptive, And Commissioning Are Now Entitled To Parental Leave

South Africa Employment

F

Fasken

Breaking The Mould: Constitutional Court's Landmark Parental Leave Ruling

South Africa Employment

E

ENS

Parental Leave Rewritten By The Constitutional Court: What Employers Must Do Now

South Africa Employment

FW

Fairbridges Wertheim Becker

Weaponising Whistleblowing – A Double-edged Sword For Employers

South Africa Employment

E

ENS

World Of Work Series (Podcast)

South Africa Employment

FS

Fasken South Africa

World Of Work Series (Podcast)

South Africa Employment

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Fasken

Ria Pretorius - Director Business Risk Service. Brand Video (Video)

South Africa Commercial

SG

SNG Grant Thornton

Are On-the-road Fees Permissible As Charges In Credit Agreements?

South Africa Finance

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ENS

Cyber Security Summit 2025 - Thank You For Joining (Video)

South Africa Technology

SG

SNG Grant Thornton

When Property Sales Go Wrong: Breach Of Contract And The Cost Of Non-Performance

South Africa Real Estate

BI

Barnard Inc.

Critical Minerals – A Continental Lens

South Africa Energy

E

ENS

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Contract of Employment

Employer Of Record Arrangements: An Overview Of The Overlooked Intellectual Property Implications

Employer of Record ("EOR") services have become increasingly popular among businesses seeking to expand internationally, access global talent and navigate complex employment regulations without the need to establish a local legal entity.

South Africa Employment

E

ENS

The Landmark Parental Leave Judgment: Cementing All Classes Of Parents As Equal Participants In Their Children's Lives

On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents.

South Africa Employment

WW

Webber Wentzel

Provident Fund Contributions And The Labour Relations Act: Tribunal Reaffirms Employers Statutory Obligations

When contributions to a provident fund are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal ("the Tribunal")...

South Africa Employment

AA

Adams & Adams

Putting The "Claws" Into A Restraint Of Trade

South Africa Employment

BI

Barnard Inc.

From Home Office To The Highway: Employers Calling The End Of The Hybrid-Working Model

South Africa Employment

FW

Fairbridges Wertheim Becker

The Transformative Power Of Employee Share Ownership Policies (ESOPs)

South Africa Employment

WW

Webber Wentzel

Red Flags To Watch Out For In Employment Contracts

South Africa Employment

FW

Fairbridges Wertheim Becker

Discussion: Outside Workplace Conduct (Video)

South Africa Employment

Deale Attorneys

When Travel Benefits End

South Africa Employment

FW

Fairbridges Wertheim Becker

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Discrimination, Disability & Sexual Harassment

The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

Welcome to this special episode of the Fasken Perspectives podcast, hosted by Labour, Employment & Human Rights partners Daphney Willem and Owethu Mbambo from our Johannesburg office.

South Africa Employment

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Fasken South Africa

Jurisdiction Drawn At The Line: Tribunal Confirms Limits Of The Pension Funds Authority

A recent decision of the Financial Services Tribunal underscores a crucial distinction in pension law — the jurisdictional boundary between approved and unapproved benefits.

South Africa Employment

AA

Adams & Adams

Breaking The Mould: Constitutional Court's Landmark Parental Leave Ruling

In the landmark judgment of Van Wyk & Others v Minister of Employment and Labour, handed down on 3 October 2025, the Constitutional Court unanimously confirmed that the provisions...

South Africa Employment

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ENS

Sexual Harassment: Why Employers Should Follow Chief Justice Maya's Lead And Create Robust Policies

South Africa Employment

FW

Fairbridges Wertheim Becker

Stuck On The Tarmac? The Legal Limits Of The CCMA's Powers And The Right To Appeal

South Africa Employment

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ENS

Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

South Africa Employment

E

ENS

Understanding The 2025 Regulations And Sectoral Targets Under The Employment Equity Act 55 Of 1998

South Africa Employment

FW

Fairbridges Wertheim Becker

Employment Equity – The New Sectoral Targets Have Arrived

South Africa Employment

E

ENS

Why Employers Should Implement Disciplinary Policies, Codes, And Procedures

South Africa Employment

FW

Fairbridges Wertheim Becker

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Retirement, Superannuation & Pensions

Misconduct Without Dishonesty? Tribunal Clarifies The Scope Of Section 37D Of The Pension Funds Act

A recent decision by the Financial Services Tribunal ("Tribunal") has revisited an old but recurring question under the Pension Funds Act ("the Act"):...

South Africa Employment

AA

Adams & Adams

Jurisdiction Drawn At The Line: Tribunal Confirms Limits Of The Pension Funds Authority

A recent decision of the Financial Services Tribunal underscores a crucial distinction in pension law — the jurisdictional boundary between approved and unapproved benefits.

South Africa Employment

AA

Adams & Adams

A Timely Reminder For Employers: Compliance With Pension Funds Act Is Non-Negotiable

The recent decision in PRSS Solution (Pty) Ltd v M G Marara and Others by the Financial Services Tribunal (the Tribunal) underscores the crucial responsibility of employers...

South Africa Employment

AA

Adams & Adams

No Shortcut Around The Clock: Tribunal Reaffirms Firm Stance On Condonation In Pension Fund Disputes

South Africa Employment

AA

Adams & Adams

Preserving The Status Quo In Pension Fund Disputes: Insights From Cadac Pension Fund And Others v Nash And Others

South Africa Finance

AA

Adams & Adams

High Court Confirms In Duplum Rule Applies To Pension Fund Contributions

South Africa Employment

AA

Adams & Adams

The Limits Of PFA's Authority In Pension Fund Transfers

South Africa Employment

AA

Adams & Adams

Pension Fund Distributions And The Duty To Support Parents

South Africa Employment

AA

Adams & Adams

A Precipitous Move

South Africa Employment

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Fairbridges Wertheim Becker

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Unfair/ Wrongful Dismissal

Modernising Workplace Discipline: A Short Guide To The 2025 Dismissal Code

The updated Code of Good Practice on Dismissal, issued under the Labour Relations Act, 1996, was published in Government Gazette No. 53294 and came into effect on 4 September 2025.

South Africa Employment

F

Fasken

Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

A viral kiss cam moment at a Coldplay concert ended the career of Astronomer's CEO, placed its Chief People Officer under an uncomfortable spotlight, and triggered a reputational firestorm...

South Africa Employment

E

ENS

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

When Standard Bank teller Nomfundo Khumalo returned from sick leave, a surprise cash check exposed a mystery bag of R20 in R1 coins in her till.

South Africa Employment

FW

Fairbridges Wertheim Becker

Client Alert: How One Missed Step Sank A Whistle-Blower Dispute

South Africa Employment

FW

Fairbridges Wertheim Becker

When Cost-Cutting Costs You: Lessons From A Botched Section 189 Process

South Africa Employment

BI

Barnard Inc.

Understanding The 2025 Regulations And Sectoral Targets Under The Employment Equity Act 55 Of 1998

South Africa Employment

FW

Fairbridges Wertheim Becker

Why Employers Should Implement Disciplinary Policies, Codes, And Procedures

South Africa Employment

FW

Fairbridges Wertheim Becker

A Precipitous Move

South Africa Employment

FW

Fairbridges Wertheim Becker

A Closer Look At The Draft Code Of Good Practice On Dismissals

South Africa Employment

WW

Webber Wentzel

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Latest Videos

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The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

FS

Fasken South Africa

Discussion: Outside Workplace Conduct (Video)

Deale Attorneys

Finance Act 2023 Briefings - Part 1 – Employment Matters (Video)

OL

Orison Legal

Life At Axis – Employees Testimonial (Video)

AF

AXIS Fiduciary Ltd

International Women's Day 2022 (Video)

TT

The Trusted Advisors

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