New Code of Good Practice on Dismissal Gazetted

Posted 04 September 2025 Written by Acts Online
Category Labour

Brought to you by SA Legal Academy: The Department of Employment & Labour has gazetted a new Code of Good Practice on Dismissal, which repeals and replaces previous guidelines under the Labour Relations Act. The code is effective immediately following a public comment period on the draft released in January 2025.

In terms of the Labour Relations Act, No. 66 of 1995, the Minister of Employment and Labour has issued the new Code of Good Practice on Dismissal. This regulatory instrument provides the primary framework for determining whether a dismissal is fair, focusing on both substantive and procedural fairness across various categories of termination.

The code deals extensively with the following areas of employment termination:

  • Dismissals related to misconduct, including the investigation and hearing process;
  • Dismissals for incapacity, covering both poor work performance and ill health or injury; and
  • Dismissals based on operational requirements (retrenchments).

Procedural and Substantive Fairness

The code serves as a guide for employers, employees, trade unions, and practitioners. It emphasizes that while employers have the right to discipline and dismiss, this must be balanced against the employee’s right to fair labour practices. The guidelines are intended to be used by the Commission for Conciliation, Mediation and Arbitration (CCMA), bargaining councils, and the Labour Court when interpreting the Act.

What this means for you, your business, or your clients

  • For yourself: Ensure your professional advice on termination of employment is updated to reflect the specific procedural nuances and evidentiary requirements set out in the new Code.
  • For your business: Audit internal HR manuals and disciplinary codes to ensure they are compliant with the latest standards for misconduct and incapacity dismissals to mitigate the risk of unfair dismissal claims.
  • For your clients: Advise clients to review all pending dismissal proceedings to ensure they align with the new Code’s requirements, as these guidelines are effective immediately and will govern CCMA adjudications.

Originally published at https://legalacademy.co.za/news/read/labour-law-dismissal-code-of-good-practice-gazetted

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