South African women are increasingly occupying leadership roles, launching careers, and reshaping the future of work. Yet, behind this progress lies a pressing truth: without clear legal knowledge or professional support, many women remain vulnerable to blind spots that can derail careers, affect financial standing, and compromise emotional wellbeing.
Prea Naidoo, Operations Executive at Clientèle Legal, paints this picture vividly: “Women are spending more time in the workplace and while doing so, face unique challenges, from harassment to maternity and family responsibility issues. But, while robust workplace policies guide how things should be done, leaving no room for doubt, not all employers have clear processes to protect their female employees’ rights.”
Clientèle Legal’s FY2024/25 data tells a powerful story: among their top four claim types were unfair dismissals and salary disputes, with their highest individual payout sitting at R217,126. “This isn’t legal drama. It’s lived reality for many individuals who lack the tools and knowledge to assert their rights,” says Naidoo.
Workplace policies are more than just add-ons to employment contracts. They’re high-stakes rulebooks that need to be understood before signing a contract. They define boundaries and provide clarity, which in turn can positively – or negatively – impact all aspects of someone’s wellbeing.
But, asks Naidoo, what happens when those policies are murky or unenforced? Or when issues like menopause and mental health, which are starting to be addressed across the world, start being discussed in South African boardrooms?
The good news is that local legal reforms are slowly catching up. For instance, the Code of Good Practice on Harassment (2022) expanded protection beyond sexual harassment to include unfair treatment, harassment, or discrimination based on someone’s socio-economic background, class, family circumstances, or perceived social status.
Still, policy without implementation can fall flat. Consider a 2021 harassment case where an employer ‘washed its hands’ by delaying disciplinary hearings for six months, allowing the perpetrator to roam freely in the workplace and constituting a failure to protect basic dignity.
These gaps demonstrate the urgency for professional counsel when rights are on the line.
Naidoo urges professionals to first understand, and then advocate, for their rights. Whether a grievance process isn’t treated confidentially, salary negotiations aren’t equitable, or work structures aren’t flexible, the goal is empowerment – not conflict. “The first step is to thoroughly understand an employer’s policies. The second is to make sure you have back-up in the form of accessible, trusted, independent legal counsel,” she says. “Knowledge is the key to holding employers accountable for upholding employees’ rights.”
To help individuals take practical steps towards advocating for their rights, below is a quick-start toolkit
- Compare your companies policies with industry standards.
- Keep a record of incidences where policies feel discriminatory (including dates, people involved, and outcomes).
- Raise issues or gaps through appropriate forums such as HR, staff committees, or with your direct manager.
- Set your own boundaries and continue to communicate them around unreasonable work expectations.
