The return-to-office crackdown has begun… are you protected?
The return-to-office crackdown has begun… are you protected?
The return-to-office crackdown has begun… are you protected?
Gary Oberholzer
The return-to-office crackdown has begun… are you protected?
As more companies push for a return to the office, a recent Labour Court ruling has delivered a crucial reminder: how employers implement change matters just as much as the decision itself. For thousands of South Africans who have spent the past few years working remotely — many of them far from traditional corporate hubs — this judgment signals an important moment. It’s no longer just about where you work, but how fairly that transition back to the office is managed.
Remote work has fundamentally reshaped the way many people live and earn. For some, it has offered newfound flexibility, better mental health, and the financial relief that comes with escaping big-city costs. Others have used the opportunity to relocate altogether — choosing quieter coastal towns, rural communities, and lifestyle-friendly smaller cities where remote work made long commutes unnecessary.
But with that freedom also comes vulnerability: the potential for sudden policy reversals, inconsistent communication, and employers rolling back arrangements that employees have built their lives around. As businesses intensify their return-to-office push, the stakes for workers navigating these shifts have never been higher.
Listen to the full conversation with employment law expert Ayesha Karjieker from CDH on #HOTBusiness with Jeremy Maggs, powered by Standard Bank.
In the interview, Karjieker unpacks the Lewis vs CCMA judgment — a ruling that confirms employers can end remote work if operationally justified, but may still face legal consequences if the transition is mishandled. In this case, the employer’s poor treatment of an employee’s medically certified sick leave transformed a lawful operational change into constructive dismissal.
What this means for remote workers preparing for change
For employees working from home — many far from head offices — the ruling should serve as a roadmap for what to expect and how to protect yourself during a return-to-office directive:
1. Expect change, but expect clarity too.
Employers must communicate early, consistently, and transparently about operational needs.
2. Your medical evidence matters.
If you submit a medical certificate, your employer must follow proper verification procedures — not jump to accusations or dock pay without due process.
3. Policy consistency is key.
If your company has established procedures for sick leave, remote work, or performance management, they must follow them.
4. “Reasonable” depends on your situation.
As Karjieker notes, reasonableness is always case-by-case — especially when health, distance, and wellbeing are involved.
5. Intolerable conditions are not just emotional — they’re legal.
Poor communication, sudden reversals, and inconsistent treatment can turn a return-to-office order into a legal dispute.
As remote workers brace for possible shifts in 2024, the message is clear: change may be lawful, but how it’s handled must be fair — and you’re entitled to expect that.
Ahmed Kajee
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