BusinessTech reports that the Minister of Employment and Labour, Nomakhosazana Meth, has gazetted a new code of practice relating to the dismissal of employees.
The code became effective from 4 September 2025 and repeals the previous Code of Good Practice on Dismissal and the Code of Good Practice Based on Operational Requirements. The gazetted code mirrors the draft code released for comment on 22 January 2025. According to Nadeem Mahomed and Sashin Naidoo from Cliffe Dekker Hofmeyr, the code provides comprehensive and practical guidelines to employers, employees and trade unions. These include matters related to misconduct, incapacity, and operational requirements, i.e. retrenchments, under the Labour Relations Act.
The experts point out that the code allows for departures in appropriate circumstances, particularly for small businesses. It confirms that dismissals must have a procedurally fair process linked to conduct, capacity or operational requirements, but the process needs to be context-appropriate. Dismissal is reserved for cases where continued employment is intolerable. However, the code allows small businesses flexibility in applying disciplinary and consultation procedures. It also emphasises that the purpose of a fair procedure is to foster dialogue and reflection. The code also guides on probationary periods, such as a reasonable duration and a less onerous justification for non-confirmation.
- Read the full original of the report in the above regard by Luke Fraser and access the new code at BusinessTech
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