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The Department of Labour and Employment has published a new Draft Code of Good Practice on Dismissals, which introduces a system for possible retrenchments.
Comments or representations are hereby invited from interested and affected people or parties.
Have your say – influence the decision.
- The draft code was gazetted in accordance with the Labour Relations Act (LRA) on 21 January 2025 and was signed by Minister of Employment and Labour, Nomakhosazana Meth.
- the draft code emphasises that the purpose of a fair procedure is to foster dialogue and reflection.
- This fair procedure allows an employee to respond to allegations of misconduct.
- The draft code also states investigations and enquiries into misconduct can be informal, with their nature tailored to the specific context and size of the employer.
- They can also look into the frequency and severity of the misconduct in question.
- this approach is consistent with the decriminalisation of disciplinary processes.
- The draft code also includes guidelines on dismissals due to operational requirements, which were previously absent from the existing Code of Good Practice on Dismissals. It was instead found under a separate Code of Good Practice on Operational Requirements.
- The Draft Code’s proposed Annexure A also states that notices given in terms of section 189 of the LRA should be given in this form – this relates to notices of possible retrenchments.