Description

On 22 January 2025, the Department of Employment and Labour published the Draft Code of Good Practice on Dismissals, for public comment. The draft Code aims to provide guidance regarding dismissals for misconduct,incapacity, and operational requirements.

From a disciplinary action perspective, the Draft Code seeks to formalise the much-echoed sentiments of our courts regarding the informal nature of how disciplinary hearings should be conducted, thus signalling a legislative move towards a decriminalised approach, with much emphasis being placed on ensuring that:

• disciplinary charges are prepared with sufficient detail to allow an employee to read and understand the allegations of misconduct and thereafter adequately respond to them;

• disciplinary hearings are conducted in a manner which reflects that the employers and employees engaged in genuine dialogue before any decisions are taken regarding the misconduct, and the employee's continued employment with the employer

 Join Yvonne Mkefa and Malesela Letwaba as they discuss the Draft Code of Good Practice on Dismissals, and themost recent wave of legislative changes which are likely to impact the way in which many employers will conduct their internal disciplinary across South Africa.