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Proposed Draft Code Of Good Practice On Dismissal: No significant changes proposed
PROPOSED DRAFT CODE OF GOOD PRACTICE
DISMISSAL
NO SIGNIFICANT CHANGES PROPOSED
Dear employer
The Minister of Employment and Labour recently published a draft of an amended Code of Good Practice on Dismissal for public comment.
Although several media reports have indicated that the new proposed code significantly changes the labour landscape, this is, in fact, not the case.
The intention of the draft code is seemingly to not change the current position regarding dismissals in the workplace, but to simply codify what the courts have determined over the last couple of decades and to simplify the principles that are already contained in the Labour Relations Act.
The concept of an overly formalistic and criminalistic approach in misconduct dismissals has been rejected by the courts for being inappropriate for the workplace many years ago. Although a fair procedure, which includes appropriate notice for disciplinary enquiries, remains a requirement for a dismissal, it does not have to be overly formal.
The concept of an overly formalistic and criminalistic approach in misconduct dismissals has been rejected by the courts for being inappropriate for the workplace many years ago. Although a fair procedure, which includes appropriate notice for disciplinary enquiries, remains a requirement for a dismissal, it does not have to be overly formal.
Furthermore, the procedural requirements in respect of retrenchments and incapacity dismissals also remain unchanged. Although incompatibility as a form of incapacity has now been codified in the code, it is simply a reflection of the long-standing view of the courts.
The code proposes no changes in respect of the substantive fairness of a dismissal and employers will still require a fair reason before dismissing an employee.
Although codes of good practice are not binding per se, they are guidelines which have been adopted by the courts and consequently became preferred practice.

NEASA will keep members abreast of any further developments in this regard.
For more information
NEASA Media Department

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