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
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
Article
Pension Fund Matters: Section 37d: When Salary Disputes Meet Pension Protection
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 Employment
AA
Adams & Adams
Article
Investigating Criminal Networks: When To Pull The Trigger On Discipline
Major corruption schemes are rarely uncovered through a single piece of evidence, but rather through the accumulation of small, interconnected facts that reveal larger networks of misconduct. This article examines the strategic challenge organisations face when deciding whether to take immediate disciplinary action against an implicated employee or continue monitoring to expose the full extent of a corruption network. It explores how relationship mapping and coordinated investigation approaches can help org
South Africa Employment
E
ENS
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
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La
Labour and Employment

Employment Litigation/ Tribunals

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
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Outsourcing

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Unfair/ Wrongful Dismissal

Article
Botswana Introduces Significant Employment Law Reforms
Botswana's Employment and Labour Relations Act, 2025 brings sweeping reforms to employment law, fundamentally reshaping how businesses classify workers, structure contracts, and manage workplace relationships. From stricter controls on fixed-term arrangements to enhanced protections against discrimination and harassment, employers face significant compliance obligations across recruitment, leave administration, disciplinary procedures, and collective bargaining.
Botswana Employment
Ai
Andersen in South Africa
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Discrimination, Disability & Sexual Harassment

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
EU Pay Transparency Directive: Practical Briefing For International Employers
The EU Pay Transparency Directive's transposition deadline has passed with most Member States failing to implement national legislation, creating a fragmented legal landscape that exposes employers to immediate compliance risks. Despite delayed national implementation, the Directive's underlying obligations are already shaping legal exposure through direct effect and directive-consistent interpretation. Employers face complex requirements spanning pre-employment salary disclosure, in-employment transparency
Worldwide Employment
MB
Mayer Brown
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Latest Videos

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