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On Demand

AWI South Africa: Legal Privilege Under Pressure: The "Upjohn Warning" and Legal Privilege in South African Workplace Investigations


Categories:
South Africa
Speaker(s):
Imraan Mahomed
Duration:
1 Hour 06 Minutes
Format:
Audio and Video
Original Program Date:
May 21, 2026
License:
Never Expires.


Tags: South Africa


Description

The on-demand webinar will discuss:

  1. What Is an Upjohn Warning - and should it matter in South Africa
    • Origins of the Upjohn Warning in US law, and how the concept may translate into South African practice.
    • Distinguishing between client (as employer) versus employee expectations during interviews.
    • Why informal or implied assurances can undermine privilege and expose investigation records
  2. Interviewing Employees: Managing Risk
    • Managing employee representation, cooperation, and allegations of procedural unfairness
  3. Legal Privilege in South African Workplace Investigations
    • Scope and limits of legal advice privilege and litigation privilege
    • When investigation communications and reports are privileged—and when they are not

Disclaimer:

The contents of this webinar and the positions taken are those of the presenter only, may be time-sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice. 

Credits



Speaker(s)