NEWSFLASH | On 21 January 2025, the Department of Employment and Labour published a new Draft Code of Good Practice on Dismissal for public comment. Its aim is to provide guidance to employers, employees and others on the legal obligations relating to #TerminationofEmployment in terms of the Labour Relations Act 1995. The Draft Code addresses all aspects leading to the termination of employment, including termination for misconduct, incapacity and due to the employer’s operational requirements. How does the new Draft Code compare with the current Code? #EmploymentandBenefits partner, Keshni Naicker, and senior associate, Amandla Makhongwana, unpack the changes here: https://lnkd.in/dhduxTkZ Members of the public are encouraged to submit written comments on the Draft Code by 22 March 2025.
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ANNOUNCEMENT: DRAFT CODE OF GOOD PRACTICE: DISMISSAL OPEN FOR PUBLIC COMMENT The Honourable Minister of Department of Employment and Labour has officially published the Draft Code of Good Practice: Dismissal (Schedule 8) in the Government Gazette. This comprehensive revision aims to refine workplace disciplinary procedures, ensuring that dismissals are both procedurally and substantively fair. The Code emphasises as a key principle that employers and employees should treat one another with mutual respect. The Code further places a premium on employment justice, the efficient operation of an employer’s business and the expeditious resolution of disputes. It sets clear guidelines on progressive discipline, probation, performance management, and industrial action-related dismissals, reinforcing the importance of consistency and fairness in employer decision-making. A key highlight of the proposed Code is its strengthened procedural fairness, particularly in cases involving small businesses, poor work performance, and incapacity due to ill health or injury. The Code reiterates that dismissal should always be a last resort, with corrective and corrective measures prioritised before dismissal. Additionally, it introduces enhanced protections for employees engaged in industrial action, balancing the rights of workers with business continuity. For employers considering retrenchments, the Code outlines transparent consultation processes, selection criteria, and severance obligations, ensuring that retrenchments are genuine and justified based on operational requirements. Members of the public are hereby invited to submit written comments within 60 days from the date of publication of this notice in the Government Gazette. Submissions must be directed to the Department of Employment and Labour through the following channels: By Post: Department of Employment and Labour Private Bag X 117 PRETORIA, 0001 By Hand Delivery: Laboria House 215 Francis Baard Street PRETORIA, 0001 📧 By Email: 📩 Kopano.Kgatlhanye@labour.gov.za 📩 Hlukani.Mabunda@labour.gov.za #LabourLaw ##EmploymentJusticeSA #FairWorkplacePractices #PublicConsultation #LabourLawReform
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🚨 Draft Code of Good Practice on Dismissal: What Employers & Employees Need to Know🚨 The Department of Employment and Labour has introduced a Draft Code of Good Practice on Dismissal, updating key aspects of fair labour practices under the Labour Relations Act. Employers, employees, and trade unions have until 22 March 2025 to submit their comments. Here’s a breakdown of some key updates: 🔹 Updated Approach Operational Requirements : More detailed emphasis on procedure. 🔹 Disciplinary Procedures for Small Businesses: Recognition that small businesses may have simpler, less formal disciplinary processes. However, fairness remains key as employees should be treated consistently and justly. 🔹 Incompatibility as Grounds for Dismissal: The draft expressly recognises incompatibility as a ground for dismissal, that is the inability to work harmoniously with colleagues or fit within the workplace culture. However, proper investigation and fair procedures must still be followed before dismissal. 🔹 Admission of Guilt May Garner Favour for an Employee : An employee’s acknowledgment of wrongdoing and willingness to comply with the employer’s rules should be considered in determining sanction. 🔹 More Relaxed Notion of Consistency in Discipline: Employers must apply disciplinary sanctions consistently but inconsistency will not necessarily render a dismissal unfair. 💼 Lotus Labour Consulting is here to assist organisations that wish to submit public comments to the Department of Labour and to align practices and policies with the Code in its final iteration. 📢 Let’s not miss the deadline! Submit your comments by 22 March 2025. #LotusLabourConsulting #LabourLaw #EmploymentLaw #WorkplaceCompliance #DismissalCode #HRUpdates #LegalCompliance #LotusLabourConsulting #EmploymentRights
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Chief Executive: Lotus Labour Consulting | Attorney | Seasoned Board Member | Experienced Speaker and Facilitator | President:Wits University Convocation | Wits Council Exco Member | Published Author and Academic.
💼 Lotus Labour Consulting is here to assist organisations that wish to submit public comments to the Department of Labour and to align practices and policies with the Code in its final iteration. Important Update 🚨🚨🚨 Please note: On 22 January 2025, the DOL gazetted a replacement draft code. The commentary deadline is now 23 March 2025 🚨🚨 #LotusLabourConsulting #LabourLaw #EmploymentLaw #WorkplaceCompliance #DismissalCode #HRUpdates #LegalCompliance #LotusLabourConsulting #EmploymentRights
🚨 Draft Code of Good Practice on Dismissal: What Employers & Employees Need to Know🚨 The Department of Employment and Labour has introduced a Draft Code of Good Practice on Dismissal, updating key aspects of fair labour practices under the Labour Relations Act. Employers, employees, and trade unions have until 22 March 2025 to submit their comments. Here’s a breakdown of some key updates: 🔹 Updated Approach Operational Requirements : More detailed emphasis on procedure. 🔹 Disciplinary Procedures for Small Businesses: Recognition that small businesses may have simpler, less formal disciplinary processes. However, fairness remains key as employees should be treated consistently and justly. 🔹 Incompatibility as Grounds for Dismissal: The draft expressly recognises incompatibility as a ground for dismissal, that is the inability to work harmoniously with colleagues or fit within the workplace culture. However, proper investigation and fair procedures must still be followed before dismissal. 🔹 Admission of Guilt May Garner Favour for an Employee : An employee’s acknowledgment of wrongdoing and willingness to comply with the employer’s rules should be considered in determining sanction. 🔹 More Relaxed Notion of Consistency in Discipline: Employers must apply disciplinary sanctions consistently but inconsistency will not necessarily render a dismissal unfair. 💼 Lotus Labour Consulting is here to assist organisations that wish to submit public comments to the Department of Labour and to align practices and policies with the Code in its final iteration. 📢 Let’s not miss the deadline! Submit your comments by 22 March 2025. #LotusLabourConsulting #LabourLaw #EmploymentLaw #WorkplaceCompliance #DismissalCode #HRUpdates #LegalCompliance #LotusLabourConsulting #EmploymentRights
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Can you dismiss an employee without a hearing? Under the Labour Relations Act 66 of 1995, dismissing an employee without following fair procedures is considered automatically unfair. This article outlines the steps employers must follow, highlighting the importance of adhering to internal policies or, if those are not available, following the guidelines set by the Code of Good Practice on Dismissals. Read more: https://lnkd.in/ddPXCGkr For more information, visit our website: http://invictusgroup.co.za or contact our call centre at 086 173 7263. #InvictusGroup #Industrialrelations #UnfairDismissal #LabourLaw #WorkplaceEthics #Compliance #EmploymentLaw #FairProcedures #EmployeeRelations
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As the dust settles on the election, we look at what changes may be in store for employment law. Edward O'Brien, Senior Associate in our Employment and HR team, highlights a few of Labour's proposed plans, such as enhanced worker protections, stricter regulations on zero-hour contracts, and increased measures to combat workplace discrimination. Read the full article here: https://ow.ly/PNss50Sw1cF #Election2024 #GeneralElection #Labour #LabourGovernment #EmploymentLaw #Employment #LabourPolicies #ZeroHourRegulations #LabourPartyUK The Labour Party
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💼 Lotus Labour Consulting is here to assist organisations that wish to submit public comments to the Department of Labour and to align practices and policies with the Code in its final iteration. 📢 Let’s not miss the deadline! Submit your comments by 22 March 2025. #LotusLabourConsulting #LabourLaw #EmploymentLaw #WorkplaceCompliance #DismissalCode #HRUpdates #LegalCompliance #LotusLabourConsulting #EmploymentRights
🚨 Draft Code of Good Practice on Dismissal: What Employers & Employees Need to Know🚨 The Department of Employment and Labour has introduced a Draft Code of Good Practice on Dismissal, updating key aspects of fair labour practices under the Labour Relations Act. Employers, employees, and trade unions have until 22 March 2025 to submit their comments. Here’s a breakdown of some key updates: 🔹 Updated Approach Operational Requirements : More detailed emphasis on procedure. 🔹 Disciplinary Procedures for Small Businesses: Recognition that small businesses may have simpler, less formal disciplinary processes. However, fairness remains key as employees should be treated consistently and justly. 🔹 Incompatibility as Grounds for Dismissal: The draft expressly recognises incompatibility as a ground for dismissal, that is the inability to work harmoniously with colleagues or fit within the workplace culture. However, proper investigation and fair procedures must still be followed before dismissal. 🔹 Admission of Guilt May Garner Favour for an Employee : An employee’s acknowledgment of wrongdoing and willingness to comply with the employer’s rules should be considered in determining sanction. 🔹 More Relaxed Notion of Consistency in Discipline: Employers must apply disciplinary sanctions consistently but inconsistency will not necessarily render a dismissal unfair. 💼 Lotus Labour Consulting is here to assist organisations that wish to submit public comments to the Department of Labour and to align practices and policies with the Code in its final iteration. 📢 Let’s not miss the deadline! Submit your comments by 22 March 2025. #LotusLabourConsulting #LabourLaw #EmploymentLaw #WorkplaceCompliance #DismissalCode #HRUpdates #LegalCompliance #LotusLabourConsulting #EmploymentRights
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There are certainly going to be interesting times ahead in the world of employment law! Some of the changes you'll need to look out for are explained here... Lester Aldridge #employmentlaw #hr #labour #government
As the dust settles on the election, we look at what changes may be in store for employment law. Edward O'Brien, Senior Associate in our Employment and HR team, highlights a few of Labour's proposed plans, such as enhanced worker protections, stricter regulations on zero-hour contracts, and increased measures to combat workplace discrimination. Read the full article here: https://ow.ly/PNss50Sw1cF #Election2024 #GeneralElection #Labour #LabourGovernment #EmploymentLaw #Employment #LabourPolicies #ZeroHourRegulations #LabourPartyUK The Labour Party
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Experienced human resources, payroll, and internal controls compliance subject matter expert seeking new opportunities after First Reference Inc. closure.
New FRTalks by SpringLaw: Unionized employees in Ontario can make complaints to the Human Rights Tribunal of Ontario https://lnkd.in/gvZdNGws via @firstreference #hr #hrblog #humanresources #workplace #business #management #hrlaw #payroll #tradeunion #humanrights #hrlaw #employmentlaw #emplaw #labourlaw #law #legal #cdnlaw #ONlaw
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With the Labour Government newly elected, Ward Williams HR has detailed below the key employment law changes set out in “Labour’s Plan to Make Work Pay; Delivering a New Deal for Working People,” published in May 2024. https://lnkd.in/eWECBRvH #UKLabourEmploymentLawChanges #NewLabourGovernmentPolicies #WorkerRights2024UK #EmploymentStatusReform #FireAndRehireBan #ZeroHourContractLaws #FairWorkPracticesUK #TradeUnionLegislation #WorkplaceEqualityLaws #EmploymentTribunalsUpdate
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Potentially one of the biggest proposed changes for employment law! Our article details Labour’s plans for unfair dismissal. 👇 #UKEmpLaw #GeneralElection2024 #Employment #UnfairDismissal
Assistant to Human Resources
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