South Africa: Employment and HR

South Africa's Department of Employment and Labour has briefed Parliament on regulatory gaps in the digital platform economy, signaling potential sector-specific interventions that may emerge before broader labour law reforms take effect in 2028. The briefing addresses worker classification, algorithmic management, and social protections for platform workers in e-hailing, delivery, and courier services.

In South Africa, restraint of trade agreements remain enforceable after employment ends, regardless of whether termination occurs through resignation, dismissal, retrenchment, or retirement. A recent Labour Court case examined whether a retired branch manager could be bound by a two-year non-compete clause, revealing how courts assess the reasonableness and enforceability of such restraints when employees attempt to circumvent them through family members or related entities.

The Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.

South Africa's 26th Commission for Employment Equity Annual Report reveals a dramatic 48.4% decline in employment equity reporting following legislative amendments, while introducing a new compliance certificate regime that fundamentally alters how employers access state business opportunities. With six constitutional challenges now before the courts and new sectoral numerical targets in force...

A South African Labour Court ruling confirms that male employees are equally protected under sexual harassment laws, even when the perpetrator is female. The judgment emphasizes that employers must treat such complaints with appropriate gravity and cannot rely solely on informal resolution mechanisms when serious harassment occurs. This case establishes critical precedents for workplace harassment policies and employer liability.

A South African Labour Court judgment examines the boundaries of informal harassment resolution procedures, establishing that an employer's duty to eliminate workplace harassment persists even when a complainant initially accepts an apology.

Mr Carl Francois Conradie (“Mr Conradie”) had been employed from 01 January 1993 until he retired on 31 January 2022. During his employment, he belonged to his employer’s pension fund, and monthly contributions were deducted from his salary. In August 2013, Mr Conradie transferred from his employer’s pension fund to join Fundsatwork Umbrella Pension Fund (the fund”).

A South African court examined whether an employer could recover over R2.5 million in salary payments from a former employee's pension fund, alleging he failed to work for nearly three years. The case tested the limits of statutory protections for retirement benefits and the evidentiary burden employers must meet when seeking to access pension funds under section 37D of the Pension Funds Act.

Returning to South Africa involves more than relocating. Becoming a South African tax resident can affect your worldwide income, offshore assets, estate planning and retirement savings. Reviewing your structures before you return can help avoid unnecessary tax exposure and preserve long-term flexibility.

When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.

The Labour Appeal Court (LAC) accepted that the employer had a genuine commercial rationale for restructuring but still found the dismissals substantively unfair because the employer could not defend the selection of the employees retrenched.

A South African Labour Court judgment examines the boundaries of informal harassment resolution procedures, establishing that an employer's duty to eliminate workplace harassment persists even when a complainant initially accepts an apology.