RWA Labour

WORKSHOP

The New Law on Dismissal

The "new COGP dismissal" refers to the 2025 Code of Good Practice: Dismissal, which came into effect in South Africa on 4 September 2025. This code consolidates and replaces the previous Schedule 8 of the Labour Relations Act (LRA) and the separate code on operational requirements (retrenchment) into a single, unified framework.

Key Changes and Highlights (2025 Code)
Small Business Flexibility: The code explicitly acknowledges that small enterprises may lack HR departments, allowing them to follow less formal procedures for dismissals, provided the process is still fair.

"Suitability" in Probation: The purpose of probation is no longer just for performance evaluation but now officially includes assessing an employee’s "suitability for employment," including their fit with the company culture, attitude, and conduct.
Incompatibility as Incapacity: The code officially recognizes "incompatibility"—an employee's inability to work in harmony with colleagues or within the business culture—as a form of incapacity that may justify dismissal.

Senior Employee Accountability: It is now explicitly stated that for senior employees or managers, prior warnings for poor performance may not be necessary, as they should be capable of judging their own performance.

Consolidated Retrenchment (Operational Requirements): The separate code for retrenchments is gone. All dismissal types (misconduct, incapacity, operational requirements) are now in one document, which includes a standardized retrenchment notice template.

Incarceration: Imprisonment is specifically acknowledged as a form of incapacity.

Date: 10 June 2026
Time: 9am -12pm
Venue: Apprentice
Farm 208, R102 Airport Road George
R350 per person
[email protected]
0448743349
RSVP by Monday 8 June 2026


George Business Chamber