South Africa: Employee Rights/ Labour Relations

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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
Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?
The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Year-End Functions And The Question Of Liability: What Employers And Insurers Should Consider
As South African businesses prepare for festive season celebrations, a critical question emerges: are employers adequately protected against the legal and financial risks that accompany year-end office parties? From alcohol-related incidents to workplace misconduct claims, the gap between celebration and catastrophe may be wider than most companies realize.
South Africa Insurance
AA
Adams & Adams
Article
Fraudulent Misrepresentation In Employment Comes At A High Price: Labour Court Orders Former CIO To Repay More Than R2.8 Million
A South African Labour Court has ruled that an employee who secured her position through fraudulent misrepresentations about her employment history must repay all remuneration received, along with costs incurred from consultants she secretly promoted. The judgment establishes significant precedent for employer remedies when recruitment fraud results in no value delivered, while confirming the Labour Court's jurisdiction over employment-related fraud claims.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Chief Magistrate’s Removal Set Aside After Nine Out Of 13 Misconduct Findings Fall Away
When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Springboarding A Business: Unlawful Competition, Not Entrepreneurship
A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.
South Africa Commercial
E
ENS
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