South Africa: Employee Rights/ Labour Relations

The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.

Leila Moosa reflects on her professional evolution, sharing how her understanding of career value transformed from focusing solely on measurable outputs like speed and accuracy to recognizing the importance of critical thinking, perspective, and confidence in navigating complex legal challenges.

A new video series brings the 2025 Paralegal Manual to life by showcasing community-based paralegals across South Africa as they navigate real-world legal challenges. From social grants and maintenance disputes to employment matters, these practitioners demonstrate how accessible legal assistance transforms everyday justice for communities in need.

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?

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).

Modern Human Resources ("HR") teams are witnessing a new phenomenon: employee grievances drafted by artificial intelligence. Tools like ChatGPT enable workers to produce complaint letters...

The Labour Court in Durban recently addressed the boundaries of an employer's power to expedite disciplinary proceedings at the expense of contractual obligations.