Draft Code of Good Practice on Dismissals and Proposed Amendments to the LRA/BCEA

For years, the Code of Good Practice: Dismissal, has served as an essential guide on dismissals related to conduct and capacity. Recently the Minister of Employment and Labour released proposed amendments to the current Code.

This course offers a clear and practical breakdown of what’s potentially changing, what’s staying the same, and how employers should adapt. Whether you’re running a small business, managing a team, advising clients, or making complex HR decisions, this session will help ensure your policies and practices are aligned with the latest developments.

But that’s not all.

Draft amendments to both the LRA and BCEA are also in the pipeline. In this session, we’ll unpack the proposed changes — the good, the bad, and the potentially disruptive — giving you early insight into how South Africa’s labour law landscape may soon evolve.

What we’ll cover:

• The merger of the Dismissal and Retrenchment Codes into one unified document
• Special provisions now included for small businesses
• A renewed focus on flexibility and informality in disciplinary procedures
• Expanded guidance on dismissals for participating in unprotected strikes
• A broader view of incapacity — including incompatibility and incarceration
• Revised factors for deciding whether dismissal is the appropriate sanction
• Important additions to how poor performance is assessed, including whether targets are realistically achievable
• Proposed amendments to the LRA and BCEA