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At Van Deventer & Van Deventer Incorporated, our Cape Town attorneys assist clients across the Western Cape with dismissal procedures, Code of Good Practice and labour law. Whether you are based in the City Bowl, the Atlantic Seaboard, or the Southern Suburbs, our legal team is here to help.
South Africa’s labour landscape has undergone a significant shift with the introduction of the new Code of Good Practice: Dismissal, gazetted under the Labour Relations Act, 1995. This updated Code replaces the previous Schedule 8 and offers a more integrated framework for managing dismissals.
Grounds for Fair Dismissal
Dismissals remain permissible on three grounds: misconduct, incapacity (including poor performance or ill health), and operational requirements (retrenchments).
Procedural Fairness
Employers must inform the employee of allegations in writing, provide a reasonable opportunity to respond, allow representation, and conduct a fair and impartial inquiry.
Retrenchments
The Code requires meaningful consultation with affected employees, fair and objective selection criteria, disclosure of relevant information, consideration of alternatives, and payment of severance.
Implications for Cape Town Employers
Employers must review and update internal policies and employment contracts to align with the new Code. Failure to comply may result in findings of unfair dismissal with significant legal and financial consequences.
Our Cape Town Employment Law team offers tailored compliance advice, drafting of employment contracts and policies, representation in disciplinary hearings and CCMA disputes, and guidance on retrenchments.
For expert legal advice in Cape Town and across the Western Cape, contact the attorneys at Van Deventer & Van Deventer Incorporated. Our Cape Town office is ready to assist you.