# Code of Good Practice

- Link: https://dearsouthafrica.co.za/code-of-good-practice/
- Published: 2025-01-27T16:57:25+02:00
- Author: dearSA

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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.](https://
cdn.dearsouthafrica.co.za/wp-content/uploads/2025/01/27164244/Draft-Code-of-Good-
Practice.jpg "Draft Code of Good Practice")

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02/08135845/DEAR-SOUTH-AfFRICA.png "DEAR-SOUTH-AfFRICA")

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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.

## 󠀁[ click to view comments from other participants](https://dearsouthafrica.co.za/code-of-good-practice/comments)󠁿

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D-icon-40x40-1.png "D-icon-40x40")

 * 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.

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