7 Practical Shifts SA Employers Must Act On - The New Dismissal Code, Decoded.
The new Code of Good Practice on Dismissal isn’t flashy, but it will decide who wins at the CCMA. Here’s the no-nonsense breakdown and what to do next.
1) Two old codes - one clear playbook
Retrenchments and dismissals (misconduct, incapacity, probation) now live in a single, short, plain-English guideline. Translation: less hunting, faster decisions.
Do now: Download the code, mark the sections you actually use (misconduct, incapacity, retrenchments), and build a one-page internal SOP that points to them.
2) Real flexibility for small employers (but not a free pass)
The code explicitly relaxes procedure for small outfits without HR teams. You still need fair substance (a real reason) even if you don’t run a courtroom drama. The Latin is audi alteram partem - give the person a chance to be heard - without the drama.
Do now: Replace “disciplinary hearing or bust” with a documented informal meeting + right of reply for minor matters.
3) Less “courtroom drama” more common sense
You don’t need a prosecutor, charge sheet, and rules of evidence for every late arrival. Formality ≠ fairness. Keep it proportionate.
Do now: Ditch the default mock-trial template. Keep a lightweight template: allegation → employee response → decision → reason.
4) Graduated discipline that actually breathes
You can dismiss for one serious act or for cumulative smaller acts (“death by a thousand cuts”). The code also weighs restorative signs - owning the mistake and making it right counts.
Do now: Add “employee took responsibility / made restitution?” as a mandatory tick-box before deciding sanction.
5) Consistency without being trapped by past mistakes
Be consistent across similar cases - but you’re not handcuffed to a bad precedent you regret from years ago. You can tighten standards going forward if you can show you learned.
Do now: Keep a brief “sanctions log.” If you change approach, note why so you can show evolution, not favoritism.
6) Paper trail for an audience of one
At the CCMA you’re performing for a single commissioner. “We chatted in the corridor” is weak. A two-line follow-up email after each conversation is gold.
Do now: After every coaching/discipline chat, send: “Confirming our discussion today: [issue] / [expected standard] / [by when].”
7) Retrenchments: format and calm heads
Nothing earth-shattering, but there’s helpful structure for letters and the process. Panicking and pulling the trigger first is how you lose. Phone counsel before you act.
Do now: Keep a pre-retrenchment checklist (notice of consultation, fair selection criteria, alternatives explored, minutes, letters).
Owner’s Checklist
Reason clear, fair, and provable? (substance)
Employee heard and response recorded? (procedure, scaled to size)
Sanction fits the act(s) and your recent practice?
Any restitution/ownership shown? Noted.
Email confirms each step.
If in doubt: pause, call counsel, then act.
