Speaking to Channel Africa on Friday, Yvonne Mkefa, Director of Employment Law at Cliffe Dekker Hofmeyr, emphasised that flexible working existed long before the pandemic, it was simply reserved for the few with negotiating power. The global health crisis, she said, “was an equaliser” that exposed the potential for broader implementation.
“Flexible work has been around for decades, but it was always for senior or executive staff,” Mkefa explained. “COVID-19 accelerated that shift. Suddenly, people we never thought could work remotely were doing so, and doing it well.”
Mkefa’s comments come amid growing debates about whether employees can be compelled to return to office-based work in 2025, as many major corporations, including Amazon, Google, and Dell, mandate partial or full-time return to physical offices.
While there is currently no express South African legislation that governs remote work, Mkefa noted that the legal framework still provides guidance through existing employment contracts and labour laws.
“Contracts of employment must clearly state the place of work. If your contract allows for remote work or gives the employer discretion over your work location, then they may lawfully request your return, but only through fair and consultative processes,” she said.
She warned against abrupt demands to return to office settings, as these could impact productivity and employee morale.
“Any such change must be managed like any organisational change, with communication, consultation, and time for adjustment,” Mkefa said.
“You can’t simply drop a memo demanding people return, this affects their family lives, their childcare arrangements, and their mental well-being.”
Joining the conversation was Industrial Psychologist Babalwa Desi, who emphasised the profound psychological shifts triggered by the remote work revolution.
“The move to remote work affected people differently. Some flourished in solitude, while others mourned the loss of social interaction,” Desi explained. “Your personality, life stage, and home circumstances all shape how you experience remote work.”
Desi described the transition as a “mixed bag,” with many employees appreciating the flexibility while others struggled with isolation and blurred work-life boundaries.
“COVID-19 didn’t just change how we work, it changed how we think about work,” she said. “People are no longer tied to one job or one employer. There's a rise in freelancers, side hustles, and even nature-based workspaces.”
One of the more concerning trends Desi highlighted was the emergence of surveillance culture, where some employers monitor employees' online activity and insist on constant visibility during virtual meetings. “That lack of trust erodes the relationship between employer and employee,” she warned. “We need human-to-human engagement, not fear-based monitoring.”
Both experts agree that remote work is here to stay, though it remains fluid in form. While there is no fixed remote-to-office ratio yet, Mkefa stressed the need for businesses to adopt agile approaches that cater to operational demands without alienating their workforce.
In some sectors, such as IT, employees now have significant bargaining power due to the global demand for their skills.
“Developers, for instance, are able to threaten resignation if asked to return, and employers know they could be snapped up anywhere in the world,” Mkefa said.
Desi concluded the discussion by urging organisations to prioritise mental wellness as they shape future hybrid models. “The starting point is empathy. Just be human. Listen to employees, understand what they need to thrive, and create harmony between business needs and individual well-being,” she said.
--ChannelAfrica--
