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.

Occupational Health And Safety Act, 1993 ("OHASA") – Environmental Regulations For Workplaces 1987; And General Safety Regulations 1986

On Friday, 5 December 2025, Notice 6907 was published in Government Gazette No. 53783, in terms of which the Minister of Employment and Labour ("the Minister")...

South Africa Employment

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ENS

Constructive Dismissal Arising From Remote Working Dispute: Lessons For Employers

A recent Labour Court judgment has provided important guidance for employers navigating remote work arrangements, employee wellness and the handling of sick leave disputes.

South Africa Employment

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ENS

Interdict Denied: Municipalities Face A High Bar On Pension Withholding

The Mpumalanga High Court has recently delivered a judgment on the critical considerations regarding withholding of pension benefits. While the judgment is not groundbreaking...

South Africa Employment

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Adams & Adams

South African Mine Health And Safety Law | Labour Court Of South Africa Re-affirms Protection For Litigation Privilege

On 20 November 2025, Daniels J on behalf of the Labour Court of South Africa, Johannesburg, delivered judgment in the reportable matter of Department of Mineral Resources and Energy and others v Impala Platinum Limited ("Impala") & others.

South Africa Employment

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From Whisper To Verdict: Labour Appeal Court Draws A Firm Line On Sexual Harassment And Review Tactics

South Africa Employment

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Understanding Restraints Of Trade Against The Backdrop Of FSCA Debarments In The Brokerage Industry

South Africa Employment

BI

Barnard Inc.

The BBC Scandal: Mismanagement Of Manipulation In The Workplace

South Africa Employment

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ENS

Empowerment And Education In A G20 Moment: Practical Priorities For Employers

South Africa Employment

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When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South Africa Employment

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ENS

Eyes On You | Navigating Employee Privacy In Africa (Video)

South Africa Employment

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

South Africa Employment

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ENS

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

South Africa Employment

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Fairbridges Wertheim Becker

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

South Africa Employment

AA

Adams & Adams

Silencing The Canary - An Attack On Whistleblowers

South Africa Employment

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ENS

Constructive Dismissal Arising From Remote Working Dispute: Lessons For Employers

South Africa Employment

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ENS

SARB's November Draft Authorisation Framework: Are Stablecoins Now "E Money"?

South Africa Technology

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GoDaddy vs Express Mobile: A Pricey Website Builder Battle

South Africa IP

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SARB Introduces New Exchange Control Tax Compliance Requirements For Dividend Remittances To Non-residents

South Africa Tax

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Webber Wentzel

Two Big Steps Forward For South Africa: Ratings Boost And FATF Grey List Removal

South Africa Finance

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ENS

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Contract of Employment

Understanding Restraints Of Trade Against The Backdrop Of FSCA Debarments In The Brokerage Industry

A restraint of trade can place significant pressure on a broker whose ability to work is already under threat, particularly when combined with an FSCA debarment.

South Africa Employment

BI

Barnard Inc.

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South African employers and business owners often rely on post‑termination restraints to protect customer relationships, confidential information...

South Africa Employment

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ENS

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

South Africa Employment

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Webber Wentzel

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

South Africa Employment

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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

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Fairbridges Wertheim Becker

The Transformative Power Of Employee Share Ownership Policies (ESOPs)

South Africa Employment

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Webber Wentzel

Red Flags To Watch Out For In Employment Contracts

South Africa Employment

FW

Fairbridges Wertheim Becker

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Discrimination, Disability & Sexual Harassment

From Whisper To Verdict: Labour Appeal Court Draws A Firm Line On Sexual Harassment And Review Tactics

The Labour Appeal Court's recent judgment in Mashele v South African Reserve Bank and two others is a clarion affirmation of the seriousness of workplace sexual harassment.

South Africa Employment

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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

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Adams & Adams

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

South Africa Employment

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

South Africa Employment

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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

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

South Africa Employment

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Fairbridges Wertheim Becker

Employment Equity – The New Sectoral Targets Have Arrived

South Africa Employment

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ENS

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Retirement, Superannuation & Pensions

Interdict Denied: Municipalities Face A High Bar On Pension Withholding

The Mpumalanga High Court has recently delivered a judgment on the critical considerations regarding withholding of pension benefits. While the judgment is not groundbreaking...

South Africa Employment

AA

Adams & Adams

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

South Africa Employment

AA

Adams & Adams

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

South Africa Employment

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Adams & Adams

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

South Africa Finance

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Adams & Adams

High Court Confirms In Duplum Rule Applies To Pension Fund Contributions

South Africa Employment

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Adams & Adams

The Limits Of PFA's Authority In Pension Fund Transfers

South Africa Employment

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Adams & Adams

Pension Fund Distributions And The Duty To Support Parents

South Africa Employment

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Adams & Adams

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Unfair/ Wrongful Dismissal

Automation, Restructuring And Fairness - Staging AI Adoption Under The LRA

MIT's State of AI in Business 2025 report should temper any rush to restructure workforces around artificial intelligence. Headcount reductions based on assumptions of immediate, sweeping efficiency gains reflect poor risk management.

South Africa Technology

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Webber Wentzel

From Whisper To Verdict: Labour Appeal Court Draws A Firm Line On Sexual Harassment And Review Tactics

The Labour Appeal Court's recent judgment in Mashele v South African Reserve Bank and two others is a clarion affirmation of the seriousness of workplace sexual harassment.

South Africa Employment

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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

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Fasken

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

South Africa Employment

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ENS

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

South Africa Employment

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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

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Latest Videos

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

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Fasken South Africa

Discussion: Outside Workplace Conduct (Video)

Deale Attorneys

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

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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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