BusinessTech reports that the Department of Labour and Employment (DEL) has published a new Draft Code of Good Practice on Dismissal, which also covers for possible retrenchments. It was gazetted by the Minister of Employment and Labour on 21 January 2025. According to law firm Cliffe Dekker Hofmeyr, the draft code emphasises that the purpose of a fair procedure is to foster dialogue and reflection. A fair procedure would allow an employee to respond to allegations of misconduct. The draft code also indicates that investigations and enquiries into misconduct can be informal, with their nature tailored to the specific context and size of the employer. The frequency and severity of the misconduct in question can also be looked into. Cliffe Dekker Hofmeyr note that this approach is consistent with the decriminalisation of disciplinary processes. The draft code also includes guidelines on dismissals due to operational requirements. Such guidelines were previously absent from the existing Code of Good Practice on Dismissal and were instead found under a separate Code of Good Practice on Operational Requirements. The Draft Code’s proposed Annexure A outlines what issues should be addressed in notices of possible retrenchments given in terms of section 189 of the LRA. Interested parties have 60 days, until 22 March, to submit their proposals on the Draft Code to the DEL.
Read the full original of the report in the above regard by Luke Fraser at BusinessTech. Download the Draft Code of Good Practice on Dismissal here