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.

Empowerment And Education In A G20 Moment: Practical Priorities For Employers

Empowerment and education are not just social goods; they are strategic tools for employers navigating digital acceleration, climate transition and fierce competition for talent.

South Africa Employment

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ENS

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South African employers and business owners often rely on post‑termination restraints to protect customer relationships, confidential information...

South Africa Employment

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ENS

Eyes On You | Navigating Employee Privacy In Africa (Video)

A multi-jurisdictional conversation where we discuss how evolving privacy laws are impacting workplace monitoring and what this means for employers operating across the continent.

South Africa Employment

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ENS

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

Employer of Record ("EOR") services have become increasingly popular among businesses seeking to expand internationally, access global talent and navigate complex employment regulations without the need to establish a local legal entity.

South Africa Employment

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ENS

Sick Notes In South African Workplaces: Clear Rules, Fair Processes

South Africa Employment

FW

Fairbridges Wertheim Becker

Misconduct Without Dishonesty? Tribunal Clarifies The Scope Of Section 37D Of The Pension Funds Act

South Africa Employment

AA

Adams & Adams

Silencing The Canary - An Attack On Whistleblowers

South Africa Employment

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ENS

The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

South Africa Employment

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Fasken

The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

South Africa Employment

FS

Fasken South Africa

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

South Africa Employment

WW

Webber Wentzel

Jurisdiction Drawn At The Line: Tribunal Confirms Limits Of The Pension Funds Authority

South Africa Employment

AA

Adams & Adams

South Africa's Parental Leave Reform In Progress - All Parents - Biological, Adoptive, And Commissioning Are Now Entitled To Parental Leave

South Africa Employment

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Fasken

Breaking The Mould: Constitutional Court's Landmark Parental Leave Ruling

South Africa Employment

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ENS

Parental Leave Rewritten By The Constitutional Court: What Employers Must Do Now

South Africa Employment

FW

Fairbridges Wertheim Becker

Critical Minerals – A Continental Lens

South Africa Energy

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ENS

Ria Pretorius - Director Business Risk Service. Brand Video (Video)

South Africa Commercial

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SNG Grant Thornton

The Importance Of DFI Funding To Support Sustainable Agriculture: A Banking Perspective

South Africa Finance

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ENS

TMT AI Series | Part 2 | The Issue With Outputs: Who Really Owns What The Tool Creates?

South Africa Technology

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ENS

What Black Coffee's Divorce Teaches About Customary Marriages

South Africa Family

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Fairbridges Wertheim Becker

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Contract of Employment

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South African employers and business owners often rely on post‑termination restraints to protect customer relationships, confidential information...

South Africa Employment

E

ENS

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

Employer of Record ("EOR") services have become increasingly popular among businesses seeking to expand internationally, access global talent and navigate complex employment regulations without the need to establish a local legal entity.

South Africa Employment

E

ENS

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

On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents.

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 Wertheim Becker

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

FW

Fairbridges Wertheim Becker

Discussion: Outside Workplace Conduct (Video)

South Africa Employment

Deale Attorneys

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Discrimination, Disability & Sexual Harassment

The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

Welcome to this special episode of the Fasken Perspectives podcast, hosted by Labour, Employment & Human Rights partners Daphney Willem and Owethu Mbambo from our Johannesburg office.

South Africa Employment

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Fasken South Africa

Jurisdiction Drawn At The Line: Tribunal Confirms Limits Of The Pension Funds Authority

A recent decision of the Financial Services Tribunal underscores a crucial distinction in pension law — the jurisdictional boundary between approved and unapproved benefits.

South Africa Employment

AA

Adams & Adams

Breaking The Mould: Constitutional Court's Landmark Parental Leave Ruling

In the landmark judgment of Van Wyk & Others v Minister of Employment and Labour, handed down on 3 October 2025, the Constitutional Court unanimously confirmed that the provisions...

South Africa Employment

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ENS

Sexual Harassment: Why Employers Should Follow Chief Justice Maya's Lead And Create Robust Policies

South Africa Employment

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Fairbridges Wertheim Becker

Stuck On The Tarmac? The Legal Limits Of The CCMA's Powers And The Right To Appeal

South Africa Employment

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ENS

Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

South Africa Employment

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ENS

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

South Africa Employment

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Fairbridges Wertheim Becker

Employment Equity – The New Sectoral Targets Have Arrived

South Africa Employment

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ENS

Why Employers Should Implement Disciplinary Policies, Codes, And Procedures

South Africa Employment

FW

Fairbridges Wertheim Becker

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Retirement, Superannuation & Pensions

Misconduct Without Dishonesty? Tribunal Clarifies The Scope Of Section 37D Of The Pension Funds Act

A recent decision by the Financial Services Tribunal ("Tribunal") has revisited an old but recurring question under the Pension Funds Act ("the Act"):...

South Africa Employment

AA

Adams & Adams

Jurisdiction Drawn At The Line: Tribunal Confirms Limits Of The Pension Funds Authority

A recent decision of the Financial Services Tribunal underscores a crucial distinction in pension law — the jurisdictional boundary between approved and unapproved benefits.

South Africa Employment

AA

Adams & Adams

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

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

South Africa Finance

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Adams & Adams

High Court Confirms In Duplum Rule Applies To Pension Fund Contributions

South Africa Employment

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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

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Fairbridges Wertheim Becker

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Unfair/ Wrongful Dismissal

Modernising Workplace Discipline: A Short Guide To The 2025 Dismissal Code

The updated Code of Good Practice on Dismissal, issued under the Labour Relations Act, 1996, was published in Government Gazette No. 53294 and came into effect on 4 September 2025.

South Africa Employment

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Fasken

Coldplay, Kiss Cams And Corporate Consequences – Lessons For South African Employers

A viral kiss cam moment at a Coldplay concert ended the career of Astronomer's CEO, placed its Chief People Officer under an uncomfortable spotlight, and triggered a reputational firestorm...

South Africa Employment

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ENS

Fifty Cents, Zero Trust: How A Trivial Shortfall Cost A Teller Her Job

When Standard Bank teller Nomfundo Khumalo returned from sick leave, a surprise cash check exposed a mystery bag of R20 in R1 coins in her till.

South Africa Employment

FW

Fairbridges Wertheim Becker

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

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.

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

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

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Latest Videos

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The Critical Intersection Of Mental Health And Employment Law In South Africa (Podcast)

FS

Fasken South Africa

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

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