On 4 September 2025, the Minister of Employment and Labour officially signed into law the new Code of Good Practice: Dismissal, which now replaces Schedule 8 of the Labour Relations Act and the previous Code on Operational Requirements. This newly promulgated Code introduces critical amendments that affect how dismissals are handled across all sectors, including the printing and packaging industry.
It is imperative that all employers, HR professionals, and business owners familiarise themselves with these changes to ensure compliance and avoid potential legal disputes.
Key Amendments And Highlights
Unified framework for dismissals: The new Code consolidates all forms of dismissal – misconduct, incapacity, and operational requirements into a single, structured document.
Small business considerations: Recognising the unique challenges faced by small enterprises, the Code introduces tailored provisions that reduce the procedural burden on smaller employers.
Expanded definition of incapacity: Incapacity now includes non-health-related factors such as imprisonment or incompatibility with company culture or colleagues.
Probation and performance: The Code clarifies that probation serves to assess both performance and suitability. It also relaxes procedural requirements for dismissals during probation.
Dismissals for poor performance: Employers must now consider whether performance standards were reasonably achievable. For senior or highly skilled employees, prior warnings may not be required before dismissal.
Misconduct and procedural fairness: Emphasis is placed on informal disciplinary processes and the need for genuine dialogue. Employees must be given a fair opportunity to respond, preferably in a language they understand.
Operational requirements and retrenchments: The Code now includes comprehensive retrenchment guidelines, including a template for Section 189(3) notices, consultation protocols, and selection criteria.
Industrial action: New provisions guide employers on dismissals related to unprotected strikes, including factors like the legitimacy of demands and the impact of the strike.
Improved structure and accessibility: The Code is now divided into clearly defined sections (Parts A–G), with simplified language and detailed procedural steps to enhance usability.
These changes are not merely administrative, they directly impact your disciplinary procedures, retrenchment processes, and overall HR compliance. Failure to align with the new Code could result in costly disputes or CCMA referrals.
PRINTING SA
+27 11 287 1160
info@printingsa.org
http://www.printingsa.org
