Employment law across Africa is dynamic and often nuanced. With more than 50 countries/jurisdictions, each with its own distinct labour codes and evolving case law, the continent is far from a single legal market/jurisdiction. For employers operating across borders, this creates significant compliance challenges, particularly in sensitive areas like dismissal, where missteps can result in costly disputes and reputational damage.
This was the focus of a recent Cliffe Dekker Hofmeyr (CDH) webinar, which brought together three employment law experts from the firm’s South African, Namibia and Kenyan practices. Together, Imraan Mahomed, Director at CDH South Africa; Frieda Kishi, Director at CDH Namibia and Daniel Kiragu, Senior Associate at CDH Kenya unpacked the similarities and differences in dismissal frameworks across the three countries, offering employers practical guidance on compliance.
Three developed jurisdictions, but not without shared influences
According to Imraan, South Africa’s employment law is well developed and, as a result, is often persuasive beyond its borders. “South African employment law is well anchored, and its jurisprudence continues to be referenced in other countries as a basis upon which to develop and compare employment law principles.”
Daniel notes that Kenya has its own robust homegrown legal framework but can occasionally lean on South African Authority. “We rely primarily on our own precedents. Where there are gaps or novel questions,...
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