Waterfall project management is a traditional project planning methodology that follows linear or sequential planning and execution. Each phase must be fully complete before the next phase can begin, which makes it ideal for planning projects that require a set schedule.

What is waterfall project management?

Waterfall project management is a methodology in which projects are completed in phases that each flow into the next one. Rooted in the necessity for a disciplined, sequential process, the waterfall model emphasizes thorough documentation, unchanging objectives, and a well-defined structure for project execution.

History of waterfall project management

The waterfall methodology was first implemented in manufacturing and construction, which are inherently linear industries where project steps are strictly outlined. This straightforward approach of completing one phase fully before moving on to the next reduces the likelihood of mistakes throughout the project’s life.

For example, you can’t construct a home one room at a time. Imagine only putting in a single frame, then pouring just enough foundation to cover a bedroom, and adding wiring to just one wall. A fixed sequence of operations to the process must be maintained for the project to succeed.

Key characteristics of waterfall project management

To determine if your project is suitable for this methodology, see if the project fits these descriptors:

• Linear progression: Each phase must be completed before moving on to the next with no overlap or iteration.
• Extensive documentation: Detailed records throughout each stage serve as a history of the current project and a blueprint for future endeavors.
• Fixed requirements: Project needs are not anticipated to change between launch and completion of the process.
• Milestone-focused: Emphasis on phase completion with clear milestones and sign-offs before proceeding.

5 phases of waterfall project management

Phase 1: Requirements

As a first step for waterfall project management, you need to collect requirements from stakeholders. It’s also important to clearly define scope, expectations, and objectives. The type of project will dictate what information is needed at this stage, which might include:

• Scope: Define who will be involved with the project, what their roles and responsibilities will be, and when they will be needed.
• Expectations: This includes clarifying things like budget, overall project timeline, individual phase deadlines, and whether ongoing approvals will be required.
• Objectives: Stakeholders should clearly outline what they consider to be a successful project outcome, and if there are any other constraints such as product launch dates or regulatory considerations.

These requirements must not change once the project is underway, so ensure all stakeholders confirm these details before moving on to the next phase.

Phase 2: Design

In this stage, the team must create plans for project execution based on the confirmed requirements. If the plan doesn’t properly fit the project, then there is a greater likelihood of roadblocks down the line.

Elements produced during the design stage would include detailed specifications for each phase, such as:

• Deliverables: This could be anything from an individual component needed to complete a phase to a fully realized product or presentation.
• Schedule: The team should identify project milestones and determine when they need to be completed to adhere to the requested timeline.
• Documentation: There should be sufficient documentation so that all project participants in all roles and levels of responsibility are equipped to stay on track.

Phase 3: Implementation

This is the execution stage of the project plan. Developers and teams build the project according to the requirements and design—which is why documentation is so critical to establish and make available.

When implementing a waterfall project, ensure all participating team members fully understand their roles and responsibilities. Tasks should be clearly delegated, and measures should be implemented to collect and track relevant data.

Waterfall project management software can greatly assist in implementation. Look for software that supports Gantt charts, task sequencing, and resource management features.

SEE: Learn more about how to set up and use a Gantt chart.

Phase 4: Verification

Once the plan has been put in motion, you’ll need to continuously verify that the results meet the expected outcome of your project. The industry you work in or the type of project being implemented will determine what steps must be followed during this phase.

Verification may involve steps such as:

• Quality assurance
• Data analysis
• Budget checks
• Stakeholder approvals
• Regulatory checks

Phase 5: Maintenance

Once the project has been completed, maintenance may need to be performed. This is particularly important for software development projects, since the deployment that marks the end of a project is what sends the product to market.

For software, this phase includes bug tracking, issue management, and technical support. An example of maintenance for a marketing project would be checking ads’ performance and adjusting their parameters to meet targets. Physical product launches may use this phase to collect customer feedback and plan future improvements.

Waterfall vs agile project management

Waterfall and agile project management methodologies seem similar at first glance, especially since agile requires you to complete a sprint before moving on within the project. The key differentiator lies within the structure, and the adaptability of the projects once started.

Key differences between agile and waterfall methodologies

• Adaptability: Agile allows for changes throughout the project, while waterfall does not.
• Client involvement: Agile requires constant interaction with the stakeholders, while waterfall does not after the initial requirements are set.
• Delivery: Agile delivers small workable pieces of the project throughout the project, while waterfall delivers the whole product at the end.

Pros and cons of waterfall project management

Understanding the pros and cons of waterfall methodology can help determine if this project management style suits your project.

Waterfall project management pros

• Predictability: The linear nature of waterfall management means that the process is highly predictable, lending itself to clear milestones, budgets, and deadlines.
• Thorough documentation: The documentation process maintains compliance records and records rationale for the decisions made at each stage of the project, making it easy to replicate the process in the future.
• Easy to manage: The inflexible nature of this project management methodology means that the project can not deviate from its course once launched.

Waterfall project management cons

• Inflexibility: Once the project has begun, there can be difficulty accommodating changes due to its inflexibility. If a client decides their vision has changed once the project has begun, the final product will likely not meet their new specifications.
• Risk of misinterpretation: If something is done incorrectly at any step, the mistake can cascade throughout each project step.
• Delayed testing: In these types of projects, testing is often not done until late in the production process. Minimal contact with the stakeholders means that any issues found late can be costly to fix.

Waterfall Project Management Software

Using the right project management software can make waterfall project management easier and more effective by providing tools supporting its linear structure and informing the team of project updates.

For more than 100 years, the Land of Oz — with its yellow brick road, ruby shoes, and lions and tigers and bears, oh my — has held a grip on our imaginations. This has been true from the turn-of-the-last-century book by L. Frank Baum to the 1939 classic movie, from the Tony Award–winning Broadway musical of 1975 to the best-selling 1995 book by Gregory Maguire, which told the story from the perspective of the Wicked Witch of the West. And out of that book came another hit Broadway musical, now adapted into the Hollywood film Wicked.

If you haven’t seen it yet, Wicked depicts how Elphaba, the Wicked Witch of the West, becomes a baddie. Recently, moviegoers have flocked to theaters to be bedazzled by Elphaba (Cynthia Erivo) and Glinda the Good Witch (Ariana Grande) and the friendship they form. Much of the movie’s fun hinges on what an unlikely pair they make: Elphaba’s intelligence, thoughtfulness, and isolation contrasted with Glinda’s perkiness, self-centeredness, and popularity. 

But beyond the sensational songs and ruminations about good and evil, the movie holds a number of lessons for recruiters and other talent professionals. Here are five takeaways from Wicked: 

1. Look for great talent in the most unlikely places

As Wicked opens, viewers learn how Elphaba became green and what she has endured because of it: She is scorned by her father and mocked by her peers. By the time she arrives at Oz’s prestigious Shiz University to drop off her sister, Nessarose (Marissa Bode), Elphaba holds little hope for her own future. 

But she is fiercely protective of her sister, and when Shiz’s headmistress tries to help the wheelchair-bound Nessarose — despite her insistence that she can take care of herself — Elphaba loses her composure, wreaking havoc on the school courtyard. Glass cracks. Furniture flies. And from a window, the sorcery professor, Madame Morrible (Michelle Yeoh) witnesses it all.

She approaches Elphaba and, in the song “The Wizard and I,” tells her: “Oh, Miss Elphaba / Many years I have waited / for a gift like yours to appear.” She then predicts that the Wizard of Oz could make Elphaba his “magic grand vizier.” Even though Elphaba is not a student at Shiz, Madame Morrible admits her immediately and offers to give her private sorcery lessons. 

The message here? You don’t know where great talent will appear — or who has the skills to do the job. Many talented candidates haven’t been given the same opportunities as others. But these overlooked talents can be creative, smart, and hard-working. So, next time you’re sourcing candidates, consider ditching pedigree and looking beyond the so-called top schools or companies and starting your candidate search at the bottom of your automated results. 

2. Help employees with potential sharpen their skills

When Elphaba starts at Shiz and is assigned to share a room with Glinda, her skills are still undeveloped. Though she clearly has talent, she’s only able to conjure her powers when she’s angry or in a charged emotional state. 

But Madame Morrible tutors her, starting with simple tasks such as levitating a coin. Over time, Elphaba gains mastery of her talent. 

In many ways, Madame Morrible is simply addressing Oz’s skills gap. The Wizard is looking for someone with a particular set of skills, and the sorcery professor sees that Elphaba has the potential to become what he needs.  

Employers face a similar challenge, with 75% reporting that they can’t find candidates with the right mix of skills. But workers are eager to learn. When considering a new job, nearly 9 out of 10 job seekers want to see a skills development program, clear career paths, and career advancement opportunities. So, skills training is a win-win for employees and companies, as well as Oz. 

3. Create a culture of belonging if you want people to thrive

When Glinda sees Elphaba for the first time, she gasps. “What?” Elphaba asks. “Do I have something in my teeth?” Upon realizing that Glinda is shocked by her greenness, Elphaba offers an explanation she’s clearly given before: “No, I am not seasick. Yes, I have always been green; and no, I did not eat grass as a child.” 

Elphaba faces constant rejection because of her skin, and she’s lonely. So, when Glinda gives Elphaba a pointy black hat to wear to a student dance party, Elphaba is delighted — only to discover that the hat was a cruel joke, giving her fellow students another reason to mock her. As she stands on the dance floor alone, her pain yields to tears.

But Elphaba gathers her courage and begins to dance. And Glinda, who has masked her empathy with pink tulle and funny asides, joins her. Suddenly, Glinda sees the beauty and humanity in Elphaba, leading others to do the same. She even gives Elphaba a makeover, while singing one of the film’s biggest hits, “Popular.”

Once Elphaba feels connected to her peers, she truly starts to excel. 

It’s no different in organizations. Employees want to feel like they belong, no matter their skin color — or age, sexual orientation, or religious affiliation. When employees feel like they’re part of the group, companies win too. According to the Harvard Business Review, a high sense of belonging was linked to a 56% increase in job performance, 50% drop in turnover risk, and 75% reduction in sick days. 

4. As a sponsor, you can make magic happen too 

If Elphaba’s father, the governor of Munchkinland, had had his way, his daughter would never have enrolled at Shiz. She only became a student because of Madame Morrible, who took it one step further, writing to the Wizard (Jeff Goldblum) to tell him about Elphaba’s skills and gifts.

The result: a personal invitation for Elphaba to visit the Emerald City. “Once I’m with the Wizard,” Elphaba sings,  “My whole life will change / ’Cuz once you’re with the Wizard / No one thinks you’re strange!” 

But this invitation wouldn’t have appeared unless Madame Morrible had advocated for her. 

The same goes for the workplace: If you want people from nontraditional backgrounds to succeed, they can benefit from someone in the executive ranks advocating for them. Through sponsorship, employees can build stronger networks and find opportunities that wouldn’t otherwise be accessible — which is especially important for women and employees from underrepresented groups to move up the corporate ladder. 

5. Be transparent about what the job entails, as well as your company’s mission and values 

Unfortunately, when Elphaba and her new BFF Glinda arrive in the Emerald City, they discover that all that glitters is not gold. Elphaba is betrayed so deeply that she’s forced to make a choice, belting out in “Defying Gravity”: “Too late for second-guessing / Too late to go back to sleep / It’s time to trust my instincts / Close my eyes and leap!” 

But here’s the deal: If Elphaba had known what her role with the Wizard would entail, she wouldn’t have boarded the train for the Emerald City. Importantly, recruiters need to be as clear as possible with candidates about a company’s mission and values and what the role they’re applying for requires.  

Candidates want to work for companies whose values reflect their own. According to Edelman, almost 6 in 10 employees choose a workplace based on shared values. And if the values don’t align, you may lose top talent — though most likely, they won’t fly off on a broom. 

Final act: “Everyone deserves the chance to fly” 

While the movie hinges on the question of what makes a person “wicked,” it’s also about the power that people from underrepresented groups can command when they can show up as their authentic selves.  

For people who didn’t get the opportunity to attend college or work at a pedigreed company, this holds a potent message: Everyone should be given the opportunity to develop their skills and shine.

“And if I’m flying solo,” Elphaba sings at the movie’s end, “at least I’m flying free. / To those who’d ground me / Take a message back from me / Tell them how I am / Defying gravity.” 

It’s a chance everyone deserves.

In the past year, we’ve seen tremendous change take hold in the workplace, from the embrace of hybrid offices to the explosion of generative AI to spiraling burnout. As we look ahead to 2025, the workplace is poised for another transformative year that will reshape the experiences of employees, HR teams, executives, and more. 

With this in mind, I’m sharing five key trends to help equip business leaders with the information they need to take big strides in the year to come. 

In 2025, workplace leaders will be expected to embrace sweeping changes while ensuring their employees are well-supported and able to adapt to tomorrow’s shifting economic and political landscape. The choices they make in the year ahead are likely to shape the workplace for years to come. 

1. “Unretirement” will keep more Baby Boomers in the workforce — at the expense of younger workers

Recent trends suggest that older workers aren’t embracing retirement as they once did. In 2023, around one in five (19%) Americans aged 65 and older were employed — nearly double the share from 35 years ago. What’s more, 9% of those age 75 and older are still working. So, it’s not just the youngest Boomers who are sticking around — it’s some of the oldest as well. 

The reality is that people are living longer than they used to, allowing them to extend their careers but also requiring that they stay in the workforce to make ends meet. And not only are many retiring later than their predecessors, but some are actually “unretiring” and rejoining their younger colleagues at work. 

In 2023, 13% of retired workers exited retirement — a five-year high. The need for income is certainly a driving factor for these workers, but many are also returning to work in search of camaraderie, mental stimulation, and a sense of purpose. Unfortunately, as more and more older workers put off or return from retirement, their younger colleagues will be impacted, edged out of jobs and promotions that could help them ascend the career ladder. 

2. More companies will experiment with a four-day workweek and right-to-disconnect policies

With the rise of remote work and tech transformation, it’s becoming increasingly difficult for employees to “turn off” at the end of the workday. According to Workplace Intelligence’s study with VSP, 69% of employees worked longer hours last year, including nights and weekends. This is especially true for hybrid and remote employees, who were more likely than their onsite counterparts to say they work during their off-time. 

These longer hours are contributing to burnout for many workers, who are three times more likely than their peers to report that they are actively looking for another job. Finding ways to curb employee burnout is a growing business imperative for HR leaders, who are exploring new ways of doing business that better support the mental health, fulfillment, and well-being of their teams. 

Next year, we are likely to see more businesses consider shortening the workweek, something nearly one-third of U.S. companies (30%) are already exploring. The four-day workweek has emerged as an alternative to the status quo, with companies starting to see indications that shorter workweeks benefit company culture and bolster employee well-being and efficiency, including 66% who report a reduction in burnout. 

In addition to the four-day workweek, we will also likely see more nations — and potentially U.S. states like California — adopt “right to disconnect” laws, which require companies to encourage workers to fully sign off outside regular business hours. And regardless of whether legislation is formally passed, many companies are considering adopting such policies even without the regulatory pressure to do so — a sign of the mounting importance of work-life boundaries to employers and employees alike.

3. Freelancers will help alleviate the burnout of full-time employees

In today’s precarious economic landscape, freelance talent is becoming integral to core business operations for many companies. This is driven by both workers, who are increasingly taking on side gigs to augment their income, and corporate leaders, who want to bring their workforces up-to-speed without bloating headcount. 

As of 2024, 72.7 million Americans — or 45% of the labor force — consider themselves to be part-time, full-time, or occasional independent workers, an 89% increase from 2020. 

In the coming year, we will likely see these numbers continue to grow. With many full-time employees dealing with burnout, along with increasing demands on their productivity, companies are turning to the freelance workforce to relieve the burden. In a recent study from Upwork, launched in partnership with Workplace Intelligence, 80% of C-suite leaders who are leveraging freelancers say they are essential to their business. 

Executives also report that using freelance talent has at least doubled key outcomes for their business, including organizational agility (45%), quality of work (40%), innovation (39%), and their bottom line (36%). In other words, leveraging alternative talent pools is not just good for the well-being of full-time workers, it’s good for business overall. 

4. More companies will embrace hiring neurodiverse talent

Over the last decade, understanding and awareness of neurodiversity has been on the rise, including in the workplace. Companies are increasingly prioritizing inclusive practices that meaningfully support individuals with neurological and developmental differences like autism spectrum disorder (ASD), dyslexia, and attention deficit hyperactivity disorder (ADHD). 

Estimates indicate that 30% to 40% of neurodivergent adults are unemployed, including 85% of college-educated adults with autism. So, with many HR teams today struggling to attract and retain talent and close key skills gaps, the need to prioritize neurodiverse hiring has never been greater. 

That said, embracing workplace neurodiversity isn’t just a recruitment issue. It’s about evolving a company’s culture and operations to be truly inclusive, as well as offering resources to ensure that neurodiverse employees have the support channels they need. It’s also critical that their colleagues and managers are equipped with training to help them reduce bias, understand different cognitive styles, and ensure they have the skills to connect and collaborate effectively with neurodiverse teammates. 

As more companies prioritize neurodiversity at work, research is emerging to suggest that more neurodiverse teams are not only better at problem-solving but more likely to exceed financial targets. In other words, neuroacceptance is not just good for people — it’s good for business. 

5. AI will become core to the way HR teams do business

Come on now. You didn’t think we were going to pass on AI?

In the past few years, we’ve seen rapidly growing interest in how artificial intelligence can bolster innovation, efficiency, and revenue for organizations. According to a study from early 2024, about one in four companies were using AI to support HR-related activities, including talent acquisition, learning and development, and performance management. But most striking is that the majority say they had only started using AI in this way within the previous 12 months, showing just how quickly AI is becoming core to the way HR teams do business. 

In 2025, we expect to see AI use continue to accelerate for HR teams, especially as evidence mounts for the business case. A recent McKinsey survey found that, when considering how generative AI affects spending across a variety of core business functions from IT to marketing, organizations saw the most meaningful cost reductions in HR. 

Still, a degree of caution is crucial as HR teams integrate AI into their processes. In our study with Upwork, 77% of employees report that AI tools actually add to their workload and nearly half (47%) say they don’t know how to achieve the productivity gains their companies expect with AI. While these tools hold tremendous promise, HR leaders must carefully consider where they can most meaningfully create value not just for their business, but for their employees. 

This post was taken from the 2025 Workplace Intelligence Forecast, which includes 10 predictions for the coming year.
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Originally published on LinkedIn

As the new year has begun, recruitment agencies must prepare for significant shifts in the regulatory landscape that will impact their own operations and those of their clients. On the 1st of January 2025, amendments to South Africa’s Employment Equity Act (EEA) will come into effect, introducing changes that all employers and particularly those in recruitment should understand to remain compliant and competitive.

SECTORAL TARGETS: A GAME-CHANGER FOR EMPLOYERS

One of the most impactful amendments is the introduction of sectoral targets. The Department of Employment and Labour (DEL) has already released draft regulations outlining sector-specific targets for designated groups, with consultations and feedback processes ongoing. Once finalised, these targets will require designated employers to align their employment equity plans with sectoral goals or provide reasonable justifications for non-compliance.

Recruitment agencies play a crucial role in helping clients navigate these changes. Understanding the sectoral targets and advising clients on workforce planning will become a key value-added service. For agencies themselves, compliance with these targets may be necessary to maintain contracts with state entities.

KEY AMENDMENTS RECRUITMENT AGENCIES SHOULD NOTE:

· Redefined Designated Employers

Starting in 2025, only employers with 50 or more employees will be classified as designated employers under the affirmative action provisions of the EEA. Annual turnover will no longer be a requirement. This shift simplifies compliance requirements for smaller employers but reinforces the need for larger organisations, including many recruitment agencies to review their and their clients’ obligations.

· Broader Definition of Disabilities

The revised definition of “disabilities” includes intellectual and sensory impairments, expanding the scope of individuals covered under the EEA. Recruitment professionals must update their processes to ensure inclusivity and compliance with these broader criteria’s.

· Changes to Employment Equity Reporting

The rigid 1st October deadline for submitting employment equity reports has been replaced with more flexible timelines to be prescribed by the Minister. Agencies and their clients should stay updated on these guidelines to avoid penalties for late submissions.

· Certificate of Compliance Requirements

All employers wishing to provide goods or services to government entities must meet specific criteria to obtain a certificate of compliance. Recruitment agencies partnering with public sector clients will need to meet these criteria to maintain eligibility for government contracts. These include:

o Meeting sectoral targets or providing a valid justification for non-compliance.

o Submitting annual employment equity reports.

o Having no findings of unfair discrimination or unpaid minimum wage violations in the past 12 months.

· Additional amendments include:

o Health Professions Council will discontinue its certification of psychological assessments, thereby easing capacity limitations.

o Employers are now required to engage solely with representative trade unions, rather than individual members.

o The Minister is empowered to establish specific numerical employment equity targets, within various sector which designated employers must incorporate into their equity plans. Adherence hereto will be a critical factor in determining compliance with the Employment Equity Act.

o Income differential statements will now be directed to the National Minimum Wage Commission instead of the Employment Conditions Commission.

o Labour inspectors’ have been granted expended authority, enabling them to enforce compliance more effectively, which includes the power to require written commitments and serve compliance orders in instances of non-compliance, such as the failure to develop an equity plan.

WHAT THIS MEANS FOR RECRUITMENT AGENCIES

These legislative changes present both challenges and opportunities. Agencies will need to:

· Educate Clients: Guide clients on the implications of sectoral targets and other amendments. Offer strategic workforce planning to align with compliance requirements.

· Adapt Internal Policies: Review internal employment equity plans and ensure alignment with the new sectoral targets once they are finalised.

· Enhance Service Offerings: Expand services to include compliance audits, employee consultation facilitation, and diversity recruitment strategies.

· Monitor Regulatory Updates: Stay informed about the finalisation of sectoral targets and submission guidelines to keep both agency operations and client advisory services up to date.

PREPARING FOR THE FUTURE

While the final sectoral targets are still pending, now is the time for recruitment agencies to prepare. Conduct internal workforce analyses, consult with employees or representative trade unions, and anticipate adjustments to employment equity plans. As trusted advisors to businesses, recruitment agencies can position themselves as indispensable partners in navigating these changes. Readiness is key and agencies that adapt proactively will not only ensure compliance but also strengthen their reputation as leaders in fostering equitable and inclusive workplaces.

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Written by: Danielle Statham

In today’s dynamic labour market, the hiring of foreign nationals can provide organisations with valuable skills and diverse perspectives. However, with this opportunity comes a significant responsibility in ensuring compliance with South Africa's immigration laws.

The Immigration Act 13 of 2002 (as amended) places stringent obligations on employers, particularly regarding the verification of work visas, permits and the employment status of foreign workers. In the unfortunate event of a workplace raid by the Department of Home Affairs (DHA), Department of Labour and the South Africa Police Services (SAPS), employers and recruiters must be prepared to demonstrate compliance, if this is not done the employer shall be guilty of an offence.

The legal obligations placed on employers regarding foreign nationals are primarily encapsulated in the following sections of the Immigration Act:

- Section 38(1): This section states unequivocally that no person shall employ an illegal foreigner. This mandates employers to ensure that all foreign employees hold valid work visas and permits.

- Section 49(3): This provision makes it an offense to knowingly employ an illegal foreigner or a foreigner in violation of the Act. Employers can face significant penalties, including fines and potential criminal charges for non-compliance.

Given the gravity of these provisions, employers must make a good faith effort to verify the work status of all foreign employees. This is where structured due diligence and meticulous recordkeeping become crucial to ensure compliance and to be prepared in case of a workplace raid.

Employers and recruiters should implement the following due diligence practices:

Document Inspection and Verification: Recruiters and Employers must carefully examine all documentation presented by foreign employees. This includes scrutinising work visas, permits, passports, and any other relevant identification for signs of tampering or inconsistencies. It is essential to verify the authenticity of work permits with the DHA or VFS Global, this can be done by using an official verification partner. This step confirms that the documents are legitimate and that the foreign national is legally authorised to work in South Africa.

Record Keeping: Maintaining comprehensive records is vital. Employers should keep copies of the following documents as proof of compliance which must be available at any time to the DHA:

§ A certified copy of the foreign employee's passport, reflecting their personal details.

§ A certified copy of the relevant visa or permanent residence permit.

§ Proof of the capacity in which the employee is employed, ensuring it aligns with the terms of their visa.

§ A copy of the foreign employee's IRP5 certificate of earnings and job description.

§ Copies of all official verification checks done by the employer or recruiter.

Monitoring: Implementing a system to track visa and permit expiration dates is critical. Employers should set reminders for renewals well in advance of the expiration date to ensure that all foreign employees maintain legal work status.

Written HR Policies: Establishing clear company policies regarding the hiring of foreign nationals and document verification procedures is essential. These policies should detail the responsibilities of staff involved in the hiring process.

Employers have ongoing obligations even after a foreign employee’s employment is terminated:

Notification of Termination: Employers must inform the DHA of the termination of a foreign employee’s employment. This helps maintain accurate records and reduces the risk of compliance issues.

Reporting Breaches: If a foreign national breaches their status in South Africa, employers are required to inform the DHA. Timely reporting can mitigate potential penalties.

Retention of Records: Employers must maintain records of foreign national employees for at least two years following their termination of employment. This includes all documents related to their employment, such as contracts, work visas and permits, verification checks and all communication with the DHA.

In the face of potential workplace raids, employers and recruiters in South Africa must prioritise due diligence and recordkeeping to ensure compliance with immigration laws. By implementing structured processes for document verification, maintaining accurate records, and adhering to post-employment obligations, organisations can significantly reduce their risk of legal repercussions.

As regulations continue to evolve, staying informed and proactive in compliance efforts will not only protect businesses from penalties but will also contribute to a more ethical and transparent hiring process. Ultimately, fostering a culture of compliance not only safeguards the organisation but also enhances its reputation as an employer or recruiter of choice in a diverse labour market.

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Written by: Danielle Statham

In South Africa’s competitive recruitment landscape, one of the complexities that recruitment agencies face is the issue of restraint of trade agreements that candidates may have with their current or previous employers. These agreements are intended to protect the legitimate business interests of employers but can significantly impact the recruitment process and placement success of the recruitment agency.

A restraint of trade agreement is a contractual provision in an employment contract that restricts an employee's ability to work for competitors or start a similar business for a specified period after leaving an employer. In South Africa, these agreements are governed by the law of contract and can be enforceable if they meet certain legal criteria. The key elements of enforceability which a court will consider include the necessity to protect a legitimate business interest of the employer, the reasonableness of the restraint in terms of geographic scope, duration, and the nature of the work being restrained, all balanced against the employees right to work and earn an income. Restraint of trade agreement enforceability was again illustrated in the recent case of Commercial Mobile Truck and Trailer Alignment Services Pty Ltd v Harmse and Another [2024/007833] ZAGPPHC 772, where the court upheld a restraint of trade agreement, affirming the protection of trade connections and goodwill linked to customer relationships established during employment.

For recruitment agencies, candidates with restraint of trade agreements can complicate placements. A candidate may be an ideal fit for a role, but if they are bound by such a contract, accepting a new position could lead to legal action from their current employer. Upholding ethical standards is paramount for recruitment agencies and they must avoid encouraging or assisting candidates in breaching restraints, as this could damage their reputation and lead to legal implications for the agency.

When a recruitment agency discovers that a candidate is subject to such an agreement, it must take several key steps to navigate the situation both legally and ethically:

Conduct a thorough assessment: Recruitment agencies should incorporate a thorough assessment of candidates’ employment agreements during the initial stages of the recruitment process. The agency must request a copy of the restraint of trade agreement from the candidate. This is necessary for the agency to have a thorough understanding of the terms and to assess its reasonableness and enforceability.

Legal consultation: Agencies should consider consulting legal professionals to better understand the nuances of the restraint of trade agreements and their implications. Legal experts can provide insights into whether the restraint is enforceable or not and potential grounds to challenge the validity. They can also assist with drafting candidate contracts that respect existing restraints while safeguarding the agency's interests.

Collaborate with clients: The recruitment agency must immediately inform their client of the restraint as transparency is critical. This openness fosters trust and allows the client to evaluate potential risks and implications associate with hiring the candidate. Recruitment agencies can negotiate terms that accommodate both the employer's needs and the candidate’s legal obligations, fostering a collaborative approach to placements.

Advise candidates: It is essential for recruitment agencies to advise candidates about the enforceability and potential consequences of breaching the restraint, which could include legal repercussions.

Record-keeping: Keeping detailed records of candidate communications regarding restraints can be crucial. In the event of a dispute, documentation can serve as evidence that the agency acted in good faith and provided candidates with the necessary guidance.

Alternative solutions: If a candidate is indeed bound by a restraint, agencies can explore alternatives such as mediation between the candidate and their former employer to resolve any dispute amicably leading to satisfactory solution for all parties.

Restraint of trade agreements pose a significant challenge in the South African recruitment sector. However, by understanding the legal obligations, assessing candidates thoroughly, and fostering transparent communications, recruitment agencies can navigate these complexities effectively. Ultimately, a proactive approach not only protects the agency from potential legal repercussions but also enhances the overall candidate experience, leading to successful placements and long-term relationships within the industry.
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Danielle Statham