South Africa: Employee Rights/ Labour Relations

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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.
Article
Reminder: Employers Have A Responsibility To Deal With Harassment In The Workplace
South Africa's 2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace represents a significant shift from addressing sexual harassment alone to tackling all forms of workplace harassment, including bullying, intimidation, and cyber-harassment. The Code extends beyond physical office boundaries to encompass remote work, digital communications, and work-related events, while placing unprecedented emphasis on proactive prevention rather than reactive response. Employers mus
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Sick Leave In South Africa, The Law, The Numbers, And The Cost Of Getting It Wrong (Podcast)
South African employment law experts examine the statutory sick leave framework, revealing common misconceptions about the three-year cycle entitlement and exploring the staggering economic impact of absenteeism and presenteeism. Through analysis of recent case law, including a viral CCMA decision involving a social media personality, they demonstrate how courts handle sick leave abuse and why medical certificates don't provide absolute protection.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Labour Court Confirms That Claims Of Protected Disclosure Must Fit The Definition Under The PDA
The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
A Restraint Of Trade Does Not End When Employment Does: The Enforceability Of Restraints Post-Retirement
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.
South Africa Employment
AA
Adams & Adams
Article
Sexual Harassment: Equal Protection For Male Employees And The Inadequacy Of Informal Resolution
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.
South Africa Employment
E
ENS
Article
Labour Court Dismisses Claims Of Automatically Unfair Dismissal And Quid Pro Quo Sexual Harassment By A Contractor
This comprehensive legal update from ENSafrica covers critical developments across multiple African jurisdictions, including workplace relationship breakdowns, Labour Court rulings on dismissal claims, Uganda's proposed tax changes, and Ghana's new investment legislation. The collection addresses pressing regulatory shifts affecting businesses operating across the continent, from JIBAR cessation in South Africa to sovereignty legislation in Uganda.
South Africa Employment
E
ENS
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