New rules on dismissal and parental leave

Amended Parental Leave & New Code of Good Practice – Dismissal

We are pleased to invite you to our upcoming online webinar:

1. Constitutional Court Redefines Parental Leave: Key Implications for Employers and Employees

On 3 October 2025, the Constitutional Court delivered its landmark judgment in Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20. This decision sets the definitive standard for parental leave, ensuring equal treatment for all parents, regardless of gender, family structure, or parental status.

Key Highlights:

• Manage parental leave for single parents, two-employed parents, adoptive parents, and surrogate parents without risking non-compliance.
• Navigate situations when employees cannot agree on sharing leave, ensuring fair and legally sound decisions.
• Ensure your HR policies and processes align with commencement rules for birth, adoption, and surrogacy.
• Understand your obligations for post-birth work restrictions, miscarriages, and stillbirths to support employees while remaining compliant.
• Gain actionable strategies to implement new legal requirements smoothly, reduce disputes, and maintain a fair workplace.

2 . Newly Gazetted Code of Good Practice: Dismissal (Schedule 8 of the LRA)

Effective 4 September 2025, the new Code replaces the previous framework and introduces modern, practical guidelines for fair dismissals, covering misconduct, incapacity, and operational requirements.

Key Highlights:

• Clearer guidelines for misconduct, incapacity, and retrenchments
• Special considerations for small businesses – less rigid processes
• Emphasis on informality in disciplinary procedures
• Expanded rules for unprotected strikes
• Broader grounds for incapacity (e.g., imprisonment, incompatibility)
• Focus on the real impact of misconduct when deciding sanctions
• Ensuring performance standards are achievable before dismissal

This webinar is essential for employers, HR practitioners, and Industrial Relations professionals to stay ahead of legislative changes, ensure compliance, and protect their business.