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.

Not So Fast: When Retrenchment Goes Off The Wall

The Labour Court's decision in Watson Kelemogile Lekalake v EOH Mthombo (Pty) Ltd is a textbook warning: a Section 189 process will collapse if the business case is unclear or inconsistently presented.

South Africa Employment

FW

Fairbridges Wertheim Becker

Mine Health And Safety Act, 1996 ("MHSA") – Guideline Published For A Mandatory Code Of Practice On The Prevention Of Fires At Mines

On Friday, 20 June 2025, Notice 6329 was published in Government Gazette No. 52883, in terms of which the Chief Inspector of Mines ("CIOM") of the Department of Mineral and Petroleum Resources...

South Africa Employment

E

ENS

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

The Labour Appeal Court (LAC) has overturned a Labour Court (LC) decision because the employee skipped the mandatory conciliation step under section 191 of the LRA.

South Africa Employment

FW

Fairbridges Wertheim Becker

No Quick Fix: When Strikes Become Violent

Earlier this year the Labour Court heard an urgent application brought by SA Container Depots (SACD), a freight-handling company that operates, among other sites...

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.

Suspension vs Special Leave: A Rose By Any Other Name…

South Africa Employment

E

ENS

Mine Health And Safety Act, 1996 ("MHSA") – Guideline Published For A Mandatory Code Of Practice For Road And Rail Safety Management In The South African Mining Industry

South Africa Employment

E

ENS

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

South Africa Employment

AA

Adams & Adams

Putting The "Claws" Into A Restraint Of Trade

South Africa Employment

BI

Barnard Inc.

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

South Africa Employment

AA

Adams & Adams

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

A New Digital Era: Labour Court & Labour Appeal Court Embrace Court Online

South Africa Employment

FW

Fairbridges Wertheim Becker

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

South Africa Employment

FW

Fairbridges Wertheim Becker

Application For Leave To Appeal Landmark Crypto Judgment

South Africa Technology

E

ENS

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

South Africa Employment

AA

Adams & Adams

South African Photographer Accused Of Intellectual Property Infringement

South Africa IP

E

ENS

2025 National Budget WED (Video)

South Africa Tax

E

ENS

An Overview Of ESG Fraud Risks In The African Mining Sector

South Africa Energy

E

ENS

Contract of Employment

Putting The "Claws" Into A Restraint Of Trade

In an increasingly competitive business landscape, one of the most common legal tools to protect a company's trade secrets, confidential information, and customer relationships, is a restraint of trade clause.

South Africa Employment

BI

Barnard Inc.

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

Over the past year or two, there's been a growing push from employers to reduce the number of days that employees work from home to ending the hybrid-working model in its entirety.

South Africa Employment

FW

Fairbridges Wertheim Becker

The Transformative Power Of Employee Share Ownership Policies (ESOPs)

Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend.

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

Triumph For Employee Rights In 197A Transfer Case

South Africa Employment

FW

Fairbridges Wertheim Becker

'Tis The Season For Resignations

South Africa Employment

E

ENS

Employ Smart: Preparing For The New Employment Equity Landscape

South Africa Employment

FW

Fairbridges Wertheim Becker

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Discrimination, Disability & Sexual Harassment

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

On 15 April 2025, the Department of Employment and Labour published two (2) Regulations under the Employment Equity Act 55 of 1998 as amended (‘the Act').

South Africa Employment

FW

Fairbridges Wertheim Becker

Employment Equity – The New Sectoral Targets Have Arrived

Following the amendments to the Employment Equity Act, 1998, that introduce sector-specific numerical targets, which came into force on 1 January 2025...

South Africa Employment

E

ENS

Why Employers Should Implement Disciplinary Policies, Codes, And Procedures

Implementing disciplinary policies, codes of conduct, and procedures is not merely best practice – it's a legal necessity.

South Africa Employment

FW

Fairbridges Wertheim Becker

2024 WLG Whistleblower Guide: South Africa

South Africa Employment

WL

World Law Group

A Claim For Equal Benefits For Parents Of Newborn Or Adopted Children.

South Africa Employment

FW

Fairbridges Wertheim Becker

Mining Industry Can Play A Key Role In Addressing The Scourge Of Gender-based Violence

South Africa Energy

WW

Webber Wentzel

Mining Industry Has An Obligation To Ensure Women's Safety

South Africa Employment

E

ENS

Waarnatoe? South Africa's Newest E-Hailing Service Sparks Debate

South Africa Employment

E

ENS

Not Hired For Having Tattoos: Fair Or Trumped Up?

South Africa Employment

E

ENS

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Retirement, Superannuation & Pensions

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

In the recent decision of NN and OB Transport CC and Others v Transport Sector Retirement Fund and Others, the Financial Services Tribunal dismissed the employer's application...

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

The recent High Court judgement in Cadac Pension Fund and Others v Nash and Others (Gauteng Division, Johannesburg, 16 April 2025) offers important guidance on the role of interim interdicts...

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

FW

Fairbridges Wertheim Becker

The Consequences Of Failing To Pay Pension Fund Contributions

South Africa Employment

AA

Adams & Adams

The Perils Of Non-Compliance: Lessons From The Municipal Workers' Retirement Fund Judgment

South Africa Employment

AA

Adams & Adams

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Unfair/ Wrongful Dismissal

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

The Labour Appeal Court (LAC) has overturned a Labour Court (LC) decision because the employee skipped the mandatory conciliation step under section 191 of the LRA.

South Africa Employment

FW

Fairbridges Wertheim Becker

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

Barnard's labour experts recently stepped in after a midsized landlord tried to trim expenses by releasing ten employees.

South Africa Employment

BI

Barnard Inc.

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

On 15 April 2025, the Department of Employment and Labour published two (2) Regulations under the Employment Equity Act 55 of 1998 as amended (‘the Act').

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

Betrayal Of The Badge: SAPS Officer Dismissed For Shoplifting

South Africa Employment

E

ENS

Dismissed For Using Cell Phones At Work

South Africa Employment

E

ENS

Working On The Weekend Like Usual

South Africa Employment

F

Fasken

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Latest Videos

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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

Key Considerations When Employing Foreign Nationals In South Africa (Video)

HS

Herbert Smith Freehills

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