South Africa: Employee Rights/ Labour Relations

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 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.

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.

The Constitutional Court has struck down key provisions of the National Health Act that would have required health establishments and practitioners to obtain certificates of need before providing prescribed services.

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.

Accusations of racism in the workplace are among the most sensitive and volatile issues employers and employees can face. In South Africa, where history, power and inequality remain deeply intertwined with working life, such allegations carry real emotional and legal weight.

The Compensation for Occupational Injuries and Diseases Act (COIDA) has undergone significant amendments affecting employers and employees. On 23 January 2026, President Cyril Ramaphosa fixed commencement dates for most provisions, with selected sections deferred to 1 February 2026 and 1 April 2026. T

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.

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