FforMan - HR & Labour Law Consultancy

16/04/2025

Qualifications fraud landed in the public spotlight during 2014 when media outlets reported that a number of high profile South Africans had misrepresented their qualifications. In 2015, the South Afr

09/02/2025

FROM the start of next month, 1 March, the new National Minimum Wage (NMW) in South Africa will be R28.79 per hour.

06/02/2025

Groundbreaking draft dismissal code to transform South Africa's workplace culture

The newly published Draft Code of Good Practice on Dismissal marks a pivotal reform in South Africa's employment dismissal framework, providing employers with clearer guidelines, enhanced flexibility, and a strong focus on fair labour practice.

The draft code, which consolidates, and updates provisions previously scattered across Schedule 8 and Section 189 of the Labour Relations Act, introduces several groundbreaking changes that will significantly impact how businesses handle dismissals.
This represents a fundamental shift in approach, moving from rigid procedural requirements to principle-based guidelines that can be adapted to different business circumstances, with an emphasis on practical implementation.
Key changes for employers include:
Small business relief: For the first time, the code explicitly recognises the practical constraints faced by small businesses, exempting them from overly burdensome procedural requirements and acknowledging their limited HR resources.
Streamlined procedures: The removal of rigid timeframes (such as the previous 48-hour notice requirement) in favour of "reasonable" standards, offering employers greater procedural flexibility while maintaining fairness.
Enhanced legal protection: A more structured framework for documentation and decision-making, providing employers stronger defence against unfair dismissal claims through clearer record-keeping requirements and consistency guidelines.
Progressive discipline framework: A comprehensive approach to workplace discipline that emphasises correction over punishment, with clear guidelines for implementing graduated responses before reaching dismissal.
Operational requirements: Integration of retrenchment procedures with clearer guidance on consultation requirements and selection criteria, reducing procedural uncertainty in restructuring situations.

The draft code also introduces a more flexible approach to probation management and performance assessment, with clearer frameworks for evaluation and decision-making. This change particularly benefits businesses dealing with complex performance issues or requiring specialised skills assessment.
The new code strikes a careful balance between protecting employee rights and recognising business operational realities. It provides employers with more practical tools for managing the employment relationship while maintaining fundamental fairness principles.

For businesses, the implications are significant:
Reduced risk of procedural challenges in dismissal cases
More efficient dispute resolution processes
Better protection through enhanced documentation requirements
Clearer framework for consistent decision-making
Greater flexibility in adapting procedures to business circumstances

Contact Mat FForde on [email protected] for advice on this and other labour law matters
https://www.fforman.co.za/

25/12/2024

19/11/2024

A new Labour Appeal Court ruling involving retailer Woolworths and an employee dismissed for allegedly faking a sick note shows that employers need to tread carefully when making their case – and not lose scope and focus.

19/11/2024

A recent decision by the Labour Appeal Court (LAC) in Algoa Bus Company (Pty) Ltd v Tirisano Transport and Services Workers Union…

19/11/2024

In Jewellery Council of South Africa v Maharaj and Others, the Jewellery Council of South Africa (company) sought to review the arbitration award issued by an…

19/11/2024

http://lyonsbriviklaw.com/bullyingatwork/

Workplace Bullying in South African Labour Law Currently, South African […]

24/03/2022

On the 18th March 2022, the Minister of Employment and Labour published the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (The Code). This repeals the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace, 2005.
The Code seeks to cover a wider scope of harassment in the workplace, including sexual harassment. The Code sets out the different types of harassment as follows:

CODE OF GOOD PRACTICE ON THE PREVENTION AND ELIMINATION OF HARASSMENT IN THE WORKPLACE Mar 24, 2022 | Human Resources | 0 comments On the 18th March 2022, the Minister of Employment and Labour published the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (The C...

01/03/2022

Here we look at whether the dismissal of an employee who accused a fellow employee of racism and threatened and intimidated her was substantively and procedurally fair...

09/02/2022

New minimum wage as of 1 March 2022

Labour minister Thulas Nxesi has published the new minimum wage for South Africa.