South Africa: Contract of Employment

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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.

Competent, Yet Incompatible

Workplace disputes are not always about misconduct or poor performance. Sometimes the difficulty lies in something far less tangible: the breakdown of workplace relationships.

South Africa Employment

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ENS

When Reporting Lines Change: Constitutional Court Clarifies The Test For Constructive Dismissal

The Constitutional Court of South Africa has delivered a significant, albeit divided, judgment in Maleka v Boyce N.O. and Others...

South Africa Employment

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ENS

Analysis: The Employment Laws Amendment Bill, 2025

The Minister of Employment and Labour, Nomakhosazana Meth, has published the Labour Law Amendment Bill, 2025, together with its Memorandum of Objects, for public comment (Government Gazette, 26 February 2026).

South Africa Employment

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Fairbridges

A Bridge Too Far: When Disciplinary Shortcuts Become A Breach Of Contract

The Labour Court in Durban recently addressed the boundaries of an employer's power to expedite disciplinary proceedings at the expense of contractual obligations.

South Africa Employment

FW

Fairbridges

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

South Africa Employment

BI

Barnard Inc.

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

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

South Africa Employment

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ENS

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

South Africa Employment

WW

Webber Wentzel

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

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

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Fairbridges

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

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Fairbridges

Discussion: Outside Workplace Conduct (Video)

South Africa Employment

Deale Attorneys

Updating Your MSA For A Changing World

South Africa Technology

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ENS

When Enforcement Overreaches: What A Recent FICA Judgment Means For Sanctions

South Africa Finance

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ENS

South Africa’s Draft National AI Policy: Building A Framework For Responsible And Inclusive AI Governance

South Africa Technology

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Adams & Adams

Labour Court Dismisses Claims Of Automatically Unfair Dismissal And Quid Pro Quo Sexual Harassment By A Contractor

South Africa Employment

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ENS

Why You Need To Engage And Comment On The Draft South Africa National AI Policy

South Africa Media & IT

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ENS

When Travel Benefits End

In a significant recent judgment, the Labour Court provided important clarity on the removal of an employment benefit in the case Public Servants Association of South Africa and 490 Others v The

South Africa Employment

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Fairbridges

Triumph For Employee Rights In 197A Transfer Case

In a significant victory for a group of twelve employees, the Constitutional Court recently refused an application for leave to appeal in a case concerning the transfer of business as a going concern under Section 197A of the Labour Relations Act (LRA).

South Africa Employment

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Fairbridges

'Tis The Season For Resignations

With year-end fast approaching, many employers may find themselves in a difficult position, faced with a surge of resignations. This trend can disrupt business operations, especially during a critical time when companies.

South Africa Employment

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ENS

Employ Smart: Preparing For The New Employment Equity Landscape

As we approach 2025, it's crucial for employers across South Africa to start gearing up for significant changes under the Employment Equity Amendment Act 4 of 2022...

South Africa Employment

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Fairbridges

Facts Matter: Understanding Automatically Unfair Dismissal On Religious Grounds

South Africa Employment

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ENS

Work-Back To The Future: Securing Tomorrow's Talent Today

South Africa Employment

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ENS

Hard Lessons: Retrenched For Not Having A Master's Degree

South Africa Employment

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ENS

Compliance & Collective Agreements – Lessons From Case Law

South Africa Employment

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Consolidated Employers Organisation

Exemptions To The National Minimum Wage Act

South Africa Employment

CE

Consolidated Employers Organisation

Restraint Of Trade Clauses: Balancing Employees' Rights To Work Versus Employers' Proprietary Interests

South Africa Employment

AA

Adams & Adams

EPWP Contracts & Learnership Allowances: Implications Of The National Minimum Wage Act

South Africa Employment

CE

Consolidated Employers Organisation

Can An Employee Get Paid Additional Remuneration By The Company They Are Seconded To?

South Africa Employment

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Fasken

Shopping For The Best Result – Do You Pursue An Unfair Dismissal Dispute Or A Breach Of Contract Dispute

South Africa Employment

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Fasken

Independent Contractors & CCMA Disputes: Understanding Section 73A

South Africa Employment

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Consolidated Employers Organisation

EPWP Contracts & Learnership Allowances: Implications Of The National Minimum Wage Act

The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa.

South Africa Employment

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Consolidated Employers Organisation

Can An Employee Get Paid Additional Remuneration By The Company They Are Seconded To?

This was the question the Labour Appeal Court had to consider in RFS Administrators v Samons and others.

South Africa Employment

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Fasken

Shopping For The Best Result – Do You Pursue An Unfair Dismissal Dispute Or A Breach Of Contract Dispute

Can employees pursue a claim for a breach of contract when their employment is terminated rather than bringing an unfair dismissal dispute before the CCMA or the appropriate Bargaining Council?

South Africa Employment

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Fasken

Independent Contractors & CCMA Disputes: Understanding Section 73A

The distinction between employees and independent contractors holds significant legal implications, especially concerning disputes and resolutions at the CCMA.

South Africa Employment

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Consolidated Employers Organisation

The Limits Of Trade Union Representation

South Africa Employment

CE

Consolidated Employers Organisation

Discretionary Bonuses – Problematic Clauses In Employment Contracts

South African Labour Law does not provide for compulsory payment of bonuses unless the employer falls within the ambit of a specific Bargaining Council or if a particular company policy makes such a provision.

South Africa Employment

CE

Consolidated Employers Organisation

Instructions To Work Overtime – Problematic Clauses In Employment Contracts

Working overtime is essential to an employer's operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it...

South Africa Employment

CE

Consolidated Employers Organisation

How "Immediate" Can A Resignation Without Notice Be

The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act...

South Africa Employment

CE

Consolidated Employers Organisation

Balancing Flexibility And Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.

South Africa Employment

CE

Consolidated Employers Organisation

Effective Restraints Of Trade And The Added Protection Offered By A Penalty Clause

South Africa Employment

AA

Adams & Adams

Polygraph Examinations: Can An Employer Dismiss An Employee For Refusing To Undergo A Polygraph Examination?

South Africa Employment

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ENS

Understanding Employment Relationships In The Developing Gig Economy

South Africa Employment

CE

Consolidated Employers Organisation

Unlawful Versus Unfair Dismissal – Which Route Can An Employee Take?

South Africa Employment

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ENS

The Enforceability Of Restraint Of Trade Clauses In The Current Legal Environment

South Africa Employment

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ENS

Delayed Expectations: The Non-Renewal Of Fixed Term Employment Contracts In Terms Of Section 186(1)(b)(i) Of The Labour Relations Act

South Africa Employment

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Fasken

Employer Rights: Termination Of An Employee Upon Notice And Without Providing Reasons

South Africa Employment

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ENS

TikTok? Rather Not

South Africa Media & IT

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Consolidated Employers Organisation

Offer Accepted, Protocol Neglected: Ground For Dismissal?

South Africa Employment

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ENS

Cadre Deployment Records Unsealed: Unpacking The Employment Law Consequences

South Africa Employment

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ENS

'Stay-or-Pay' Clauses – A Way For Employers To 'TRAP' Workers In South Africa?

South Africa Employment

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ENS

Learning To Earn – The Characteristics Of A Learnership Agreement

South Africa Employment

CE

Consolidated Employers Organisation

Sun, Sweat, And Protection

South Africa Employment

CE

Consolidated Employers Organisation

Harvesting Rights

South Africa Employment

CE

Consolidated Employers Organisation

Court Finds Current Statutory Family Leave Rules Unconstitutional

South Africa Employment

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WTW

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Latest Videos

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Discussion: Outside Workplace Conduct (Video)

Deale Attorneys

Podcast | Business Law Focus | More Questions Than Answers About Worker Rights In Gig Economy

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ENS

Let's Talk E36: CCMA Procedures (Video)

SI

SchoemanLaw Inc.

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