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.
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
Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?
The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
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Related Country Guides

La
Labour and Employment

Contract of Employment

Article
Fraudulent Misrepresentation In Employment Comes At A High Price: Labour Court Orders Former CIO To Repay More Than R2.8 Million
A South African Labour Court has ruled that an employee who secured her position through fraudulent misrepresentations about her employment history must repay all remuneration received, along with costs incurred from consultants she secretly promoted. The judgment establishes significant precedent for employer remedies when recruitment fraud results in no value delivered, while confirming the Labour Court's jurisdiction over employment-related fraud claims.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Platform Work Moves Up South Africa’s Labour Law Reform Agenda
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.
South Africa Employment
E
ENS
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
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Discrimination, Disability & Sexual Harassment

Article
The Absence Of Evidence Is Not Evidence Of Absence
In a thought-provoking examination of transformation and merit in professional settings, Nomlayo Mabhena Mlilo explores how previously disadvantaged groups, particularly women, often perceive their achievements solely through the lens of transformation initiatives rather than recognizing their own merit. The piece challenges the notion that transformation objectives and merit are mutually exclusive, addressing the psychological impact of affirmative action policies on beneficiaries' self-perception.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
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
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Retirement, Superannuation & Pensions

Article
Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law
The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.
South Africa Litigation
E
ENS
Article
Unclaimed Benefits: Treasury Proposes Major Reform For Retirement Funds
National Treasury has proposed a centralised framework for administering South Africa's estimated R88 billion in unclaimed financial assets, including retirement benefits. The discussion paper outlines a system where a central administrator would manage tracing, record-keeping and claims through a single public portal, with assets potentially transferred to the Corporation for Public Deposits.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Know Your Fund Rules: When Can A Pension Fund Be Held Liable For Investment Loss?
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”).
South Africa Employment
AA
Adams & Adams
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Unfair/ Wrongful Dismissal

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
Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?
The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
See more

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