South Africa: Contract of Employment

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.

The Western Cape Division of the High Court in Cape Town has delivered an important judgment on the consequences of failing to disclose material conflicts of interest before concluding a mutual separation agreement.

South Africa's Draft Protected Disclosures Bill, 2026 proposes to replace the current whistleblower protection framework with a more comprehensive regime that extends protection beyond employees, mandates formal internal procedures, and introduces stricter confidentiality controls and retaliation consequences.

Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend.

Employment contracts are essential documents that set the foundation for the working relationship between employers and employees.

Discussion: Outside workplace conduct – SABC News 1 January 2025.

South Africa's labour laws are among the most comprehensive in the world, designed to protect employees and promote fair labour practices. For international businesses looking to establish...

It frequently occurs that employees who receive an alternative work opportunity resign without giving the prescribed notice period. Previously, CEO published an article in which we specifically addressed...

Upon appointment in a new position in a business or organisation, employees are usually issued employment contracts that contain a myriad of clauses, terms, and conditions.