Following the draft published for public comment in January this year, the Minister of Employment and Labour has now published the final version of the new Code of Good Practice: Dismissal (New Dismissal Code).
The New Dismissal Code took effect today, 4 September 2025, being the date of publication in the Government Gazette. It repeals and replaces the old Code of Good Practice: Dismissal that appears as schedule 8 to the Labour Relations Act, 1995 (LRA), as well as the Code of Good Practice Based on Operational Requirements published in 1999.
The substance of the New Dismissal Code is identical to the draft released earlier this year. It provides guidance to employers, employees and others on the legal obligations relating to termination of employment in terms of the LRA, including termination for misconduct, incapacity and due to the employer’s operational requirements, all under one over-arching code.
For a recap on how the New Dismissal Code compares to the familiar schedule 8 version and the key differences employers should be mindful of, see our previous artice here.
