As South Africa settles into a post-pandemic work rhythm, tensions around the return-to-office debate are heating up—raising important legal questions for both employers and employees. Can your company force you to return, especially if you were hired on a remote basis? According to employment law expert Yvonne Mfa, Director at Cliffe Dekker Hofmeyr, the answer isn’t as simple as “yes” or “no.”

Speaking on HOT Business with Jeremy Maggs and MoneyWeb, Mfa explained that the foundation lies in your employment contract. If your contract explicitly states that you’re a remote worker, an employer cannot unilaterally demand a return to the office. “That becomes a condition of employment and can only be changed with the employee’s consent,” she said.

If the contract leaves room for employer discretion on location, however, companies must still follow a formal consultation process. “It must be meaningful—offering a chance to respond and adequate notice,” said Mfa.

With many companies phasing in returns—from two days to full-time—legal experts are cautioning employers against arbitrary or selective enforcement. If only certain employees are called back without clear operational justification, the risk of discrimination claims increases, particularly where protected characteristics are involved.

Mfa emphasized that South Africa’s current legal framework is robust enough to handle this transition—provided it’s applied fairly. “We don’t need new laws. What we need is better engagement,” she concluded.

As the nature of work continues to evolve, the message is clear: policy shifts must be lawful, transparent, and rooted in dialogue—not imposed by decree.