A Draft Code of Good Practice on Dismissal to provide guidance to employers, employees, trade unions and any persons applying it under the Labour Relations Act (LRA), 1995 has been published for inputs. 

The Code of Good Practice on Dismissal will provide guidance regarding dismissals for misconduct, incapacity and operational requirements and will apply to employers and employees.

The Code was drafted at National Economic Development and Labour Council, the tripartite bargaining structure.

A key principle of the Code is that employers and employees should treat one another with mutual respect. It places a premium on employment justice, the efficient operation of an employer's business and the expeditious resolution of disputes.

The Code further says that employees should be protected from unfair action. While employers are entitled to satisfactory conduct and work performance from their employees.

Accordingly, the Code does not alter the rights and obligations created under a collective agreement.

The Code covers aspects relating to small businesses, misconduct, dismissals, probation, incapacity, operational requirements and notice of possible retrenchments.

Members of the public are invited to submit their comments on the draft Code within 60 days from the publication date (22 January 2025).

Comments can be sent to:

Department of Employment and Labour

Private Bag X 117

Pretoria

001

Or be hand delivered at: Laboria House, 215 Francis Baard Street Pretoria, 001 or be mailed to: Kopano.Kgatihanye@labour.gov.za or Hlukani.Mabunda@labour.gov.za

For media inquiries, please contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ teboho.thejane@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour

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