Draft Code Of Good Practice on Dismissal 2025
The Department of Employment and Labour has published a new Draft Code of Good Practice on Dismissals. The Draft Code was gazetted in accordance with the Labour Relations Act (LRA) on 21 January 2025.
This information is published for general information purposes and is not intended to constitute legal advice and should not be construed as such. Specialist legal advice should always be sought in relation to any particular situation. Maserumule will accept no responsibility for any actions taken or not taken on the basis of this publication. Consent must be obtained from Maserumule before the information provided herein is reproduced in any way. No person shall have any claim of any nature whatsoever arising out of, or in connection with, the information provided herein against Maserumule and/or any of its personnel.
The Department of Employment and Labour has published a new Draft Code of Good Practice on Dismissals. The Draft Code was gazetted in accordance with the Labour Relations Act (LRA) on 21 January 2025.
Guaranteed annual leave was never intended to act as a kind of piggybank available for employees to use in generating a lucrative cash pay-out when they quit the job.
Explore the principles of bumping in retrenchments, including horizontal and vertical bumping, and insights from South African Labour Appeal Court rulings on fair dismissal practices.
An employer may refuse to accept a resignation that is not compliant with notice requirements, but cannot refuse one that follows the contract or legal regulations.
An employer is not expected to endure an employee’s prolonged absence from work for incapacity due to ill health and it may, if it is fair in the circumstances, exercise an election to terminate the employment relationship.