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ARTICLE · 19 FEBRUARY 2025

A Closer Look At The Draft Code Of Good Practice On Dismissals

Webber Wentzel
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​​​​A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. The intended changes affect small employers, dismissals linked to poor performance, misconduct, participation in unprotected strikes, and operational requirements.

South AfricaEmployment and HR
Andries Kruger
Andries Kruger
Amy King
Amy King

A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. The intended changes affect small employers, dismissals linked to poor performance, misconduct, participation in unprotected strikes, and operational requirements.

The draft COP was published on 21 January 2025 and members of the public have been invited to submit their written comments by 24 March 2025.

Dismissals for Misconduct

The draft COP recognises that rigid processes are often impractical for small employers with limited resources. It reiterates that such employers need not adopt overly formal investigations or procedures. This approach allows smaller businesses to address workplace issues without administrative burdens that may hinder revenue generating activities.

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