The Minister of Employment and Labour has published and gazetted a Code of Practice on Dismissals, in terms of Section 203(2A) of the Labour Relations Act, which takes effect from date of publication, being 04 September 2025. The Code repeals Schedule 8 of the Code of Good Practice on Dismissal, and the Code of Good Practice based on operational requirements, which has been in effect since 1999. The Code is aimed at providing guidance to employers, employees, trade unions and persons applying the Code on how the legal obligations under the Act regarding dismissals for misconduct, incapacity and operational requirements apply to employers and employees. The Code outlines measures and requirements for all dismissals for misconduct, incapacity and operational requirements, in terms of the Labour Relations Act.
Employers are advised to ensure that their internal disciplinary policies align with the Code, and that all human resources functions and employees are informed of the Code.
A copy of the Code can be found here: here.
For any information on the Code, feel free to reach out to Ms Melanie Hart, our Head of Employment (melanie@bv-inc.co.za), or Mr Bryan White, a Director in our team (bryan@bv-africa.co.za).
This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.