As South Africa settles into a post-pandemic work rhythm, tensions around the return-to-office debate are heating up. This raises important legal questions for both employers and employees. What are the legal implications, 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. 

Understanding the Legal Implications of Return to Office Policies 

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 legal implications could include risk of discrimination claims increases, particularly where protected characteristics are involved. 

MFA emphasised 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. 

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Final Thoughts 

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. Navigating the legal implications of return-to-office policies requires careful planning and clear communication.  

Serious consequences may impact employers who overlook the legal risks, such as discrimination lawsuits or unfair labour practices. Making sure that workplace decisions are open, consistent and based on the needs of the business is more important now than it has ever been. 

For more expert analysis on the evolving world of labour law, employee rights and compliance, tune in to Hot Business.