South Africa: Employee Rights/ Labour Relations

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.

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.

The Constitutional Court has clarified a critical procedural question in South African labour law: must employees or trade unions pursue conciliation at the CCMA before approaching the Labour Court after a facilitated large-scale retrenchment fails?

In the case of TC Smelters (Pty) Ltd and Another v The Minister Department of Mineral Resources and Energy and Others (910/2024) [2026] ZASCA 40 (27 March 2026), the Supreme Court of Appeal ("SCA")...

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...

Poor treatment of workers, poverty wages and unsafe working conditions, for the sake of affordable clothing or company profits, have plagued international headlines recently.

South African law treats sick leave and medical certificates as part of a balanced system. The Basic Conditions of Employment Act, 1997 (BCEA) gives employees paid time to recover...

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.

​​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.