Employment Law
Employment law is the body of legislation, regulation and common-law principles that governs the relationship between employers and employees in the workplace. It encompasses the rights, obligations and duties of both parties from recruitment and hiring through to termination of employment. The field covers a wide range of issues including employment contracts, wages and working hours, leave entitlements, workplace health and safety, discrimination and harassment, unfair dismissal, retrenchment procedures, collective bargaining and trade union rights. In South Africa, key statutes include the Labour Relations Act, the Basic Conditions of Employment Act and the Employment Equity Act, which are administered and enforced by bodies such as the Commission for Conciliation, Mediation and Arbitration and the labour courts. Employment law seeks to balance the interests of employers in managing their workforce efficiently with the protection of workers from exploitation and unfair treatment. It is a dynamic area of practice, evolving in response to changes in the economy, technology and social expectations, including emerging issues around remote work, gig-economy platforms and the use of artificial intelligence in hiring and performance management. Compliance with employment law is essential for businesses to avoid costly disputes, reputational damage and regulatory penalties. The field is served by specialist labour-law practitioners, human-resources professionals and trade union advisers who interpret and apply the rules in diverse sectors across the economy.
Employment Law Updates
The expanded definition of “Employee” in South African labour law
2nd April 2026 The publication of the Employment Laws Amendment Bill, 2025 and the Labour Relations Amendment Bill, 2025 on 26 February 2026 marks a significant... →
Summary of Recently Proposed Legislative Amendments: The Labour Relations Act
31st March 2026 On 26 February 2026, the Minister of Employment and Labour (“Minister“) published, by way of the Government Gazette, a copy of the Labour Law... →
Take the Job – Not the Clients: Recent Cases Reinforce the Employer’s Right to Protect Its Turf
31st March 2026 Restraints of trade remain one of the most frequently litigated issues in South African employment law. The tension is familiar: employees are... →
Where’s the “Quid”?: Mutual Separation Agreements – Quid Pro Quo (Something for Something)
5th March 2026 The use of mutual settlement or separation agreements to end employment relationships in South Africa is increasingly common, especially where... →
Reinstatement, back pay, and employer obligations
12th January 2026 When an employee is reinstated by court order, the waters can be muddied and the obligations of the employer can be nuanced. A recent case handed... →
Take care before you share: The dangers of social media use in the workplace
11th December 2025 Advancements in technological gadgets such as smart phones and laptops, as well as the recent breakthroughs made with artificial intelligence, have... →
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