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.

Occupational Health And Safety Act, 1993 – Noise Exposure Regulations, 2024 – Exemption From The Provisions Of Regulation 8(3)

On Friday, 20 March 2026, Notice 7292 was published in Government Gazette No. 54405, in terms of which the Chief Inspector of Occupational Health and Safety...

South Africa Employment

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ENS

Constitutional Court Confirms Jurisdictional Limits On Compensation During Protected Strikes

Section 68 of the Labour Relations Act (“LRA”) provides the primary remedies available to employers in the case of an unprotected strike. This entails obtaining an interdict against this industrial action or such other conduct (in contemplation or furtherance of it).

South Africa Employment

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Fasken

Health Data Under The Microscope: New POPIA Regulations

The Protection of Personal Information Act, 2013 (“POPIA”), in regulating an additional and more protected category of personal information, generally prohibits the processing of special personal information...

South Africa Employment

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Fasken

Strengthening Workplace Injury And Disease Compensation: New COIDA Regulations On Enforcement, Claims, Rehabilitation And Return-to-Work

On 17 April 2023, the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 ("the Amendment Act") was published in the Gazette for general information.

South Africa Employment

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No Slaves For Fashion: The Case For Ethical Labour Practices

South Africa Employment

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

South Africa Employment

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ENS

Demarcation Disputes Cannot Be Used To Interpret Collective Agreements

South Africa Employment

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Fairbridges

Zero Tolerance Hangover – When Energy Drinks Leave Employers With A Headache

South Africa Employment

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ENS

Analysis: The Employment Laws Amendment Bill, 2025

South Africa Employment

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Fairbridges

Polished Complaints, Cloudy Truths: AI-generated Grievances In The Workplace

South Africa Employment

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ENS

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

South Africa Employment

FW

Fairbridges

Labour Appeal Court Confirms Dismissal For Unauthorised Gathering And Insubordination

South Africa Employment

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Fasken

Managing Health And Safety Enforcement In South African Mining

South Africa Employment

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ENS

How Key Updates Under The MHSA Are Reshaping How Mines Must Plan And Respond To Emergencies At Its Underground Operations

South Africa Employment

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ENS

Strengthening Workplace Injury And Disease Compensation: New COIDA Regulations On Enforcement, Claims, Rehabilitation And Return-to-Work

South Africa Employment

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ENS

Extending Boundaries: Adjustments To South African Exchange Control Limits And Powers

South Africa Tax

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ENS

From Ponzi Schemes To Draft PCC5E: Keeping Up With The KYC Compliance Requirements

South Africa Finance

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Long Service Is Not An Absolute Shield Against Gross Negligence

South Africa Litigation

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Fairbridges

Supreme Court Of Appeal Confirms The Exclusive Jurisdiction Of The Labour Court To Determine Disputes Concerning The Interpretation And Application Of The Mine Health And Safety Act, 29 Of 1996

South Africa Litigation

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ENS

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Contract of Employment

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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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

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Fairbridges

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

South Africa Employment

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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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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

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Webber Wentzel

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

South Africa Employment

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Adams & Adams

Putting The "Claws" Into A Restraint Of Trade

South Africa Employment

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Barnard Inc.

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Discrimination, Disability & Sexual Harassment

From Whisper To Verdict: Labour Appeal Court Draws A Firm Line On Sexual Harassment And Review Tactics

The Labour Appeal Court's recent judgment in Mashele v South African Reserve Bank and two others is a clarion affirmation of the seriousness of workplace sexual harassment.

South Africa Employment

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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

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Adams & Adams

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

South Africa Employment

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

South Africa Employment

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Fairbridges

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

South Africa Employment

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Fairbridges

Employment Equity – The New Sectoral Targets Have Arrived

South Africa Employment

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ENS

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Retirement, Superannuation & Pensions

Health Data Under The Microscope: New POPIA Regulations

The Protection of Personal Information Act, 2013 (“POPIA”), in regulating an additional and more protected category of personal information, generally prohibits the processing of special personal information...

South Africa Employment

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Fasken

New Rules For The Pension Funds Adjudicator: What You Need To Know

The Ombud Council published the Ombud Council Rules for the Pension Funds Adjudicator, 2026 (the "Rules")...

South Africa Finance

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Employers Now Subject To Dual Enforcement For Non-payment Of Benefit Fund Contributions

The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions.

South Africa Employment

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Webber Wentzel

Interdict Denied: Municipalities Face A High Bar On Pension Withholding

South Africa Employment

AA

Adams & Adams

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

South Africa Employment

AA

Adams & Adams

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

South Africa Employment

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Adams & Adams

A Timely Reminder For Employers: Compliance With Pension Funds Act Is Non-Negotiable

South Africa Employment

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Adams & Adams

No Shortcut Around The Clock: Tribunal Reaffirms Firm Stance On Condonation In Pension Fund Disputes

South Africa Employment

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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

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Unfair/ Wrongful Dismissal

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

Automation, Restructuring And Fairness - Staging AI Adoption Under The LRA

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.

South Africa Technology

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Webber Wentzel

From Whisper To Verdict: Labour Appeal Court Draws A Firm Line On Sexual Harassment And Review Tactics

The Labour Appeal Court's recent judgment in Mashele v South African Reserve Bank and two others is a clarion affirmation of the seriousness of workplace sexual harassment.

South Africa Employment

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ENS

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

South Africa Employment

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Fasken

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

South Africa Employment

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ENS

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

South Africa Employment

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Fairbridges

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

South Africa Employment

FW

Fairbridges

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

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Latest Videos

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

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Fasken South Africa

Discussion: Outside Workplace Conduct (Video)

Deale Attorneys

Finance Act 2023 Briefings - Part 1 – Employment Matters (Video)

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Orison Legal

Life At Axis – Employees Testimonial (Video)

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AXIS Fiduciary Ltd

International Women's Day 2022 (Video)

TT

The Trusted Advisors

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