Understanding South Africa’s New Code of Good Practice: Dismissal — What Workers Need to Know

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If you’re a worker in South Africa, you should care about how and when an employer can dismiss you. Dismissal is one of the most serious actions an employer can take, and in September 2025, the rules changed. The new Code of Good Practice: Dismissal replaced the old Schedule 8 procedures. The shift isn’t just legal jargon — it influences your rights if you ever face termination, performance problems, misconduct charges, or retrenchment.

In this blog, I’ll walk you through what’s new, what’s stayed the same, and what you, as a worker, should know and do differently. I want this to be practical — you should finish reading it feeling more confident about your rights, not more confused.

Why the change matters

For years, South Africa’s dismissal procedures were governed by Schedule 8 of the Labour Relations Act, which listed a fairly rigid set of steps employers had to follow when dismissing for misconduct, incapacity, or operational reasons. But over time, many employers and workers both found that the rules were sometimes too inflexible, and the procedures out of sync with real work environments.

The new Code of Good Practice: Dismissal (effective 4 September 2025) was introduced to modernise and consolidate those procedures. It’s intended to make the law more flexible, fairer, and more in tune with real workplaces. Among the changes: recognition of informal procedures, stronger language rights, adjustments in probation and incapacity rules, and more space for “justified departures” under certain conditions.

In short, the new code shifts from a rigid “one‑size‑fits‑all” procedure toward a more nuanced approach. That’s good if it’s used fairly — but it also places new burdens on employers and new awareness on workers.

Key changes under the new dismissal code

Informal procedures are now valid

One of the biggest shifts is that informal procedures are now formally recognised. Under the old rules, if an employer didn’t follow strict procedural steps, dismissal could be automatically unfair even if the substance was reasonable. Now, the code allows more room: if the employer can justify why a formal procedure wasn’t followed — and if fairness was still observed — the dismissal may still stand.

That doesn’t mean employers can skip straight to firing. They must still show that they gave a fair chance, acted in good faith, and considered all relevant factors. But the “must strictly follow every step or fail” approach is softened.

Justified deviation from procedure

The new code includes a clause (Section 6(7)) that allows employers to depart from standard procedures if justified. That means if following the exact procedure would be unreasonable or impossible in a particular case, the employer can argue a deviation — so long as the departure is defensible.

For you, as a worker, it means that if you’re dismissed and you believe the employer didn’t follow procedure fully, you’ll need to look at whether the deviation was justified, not simply whether it was a deviation.

Stronger language rights

Another important change is language. The new code says employees should be allowed to use a language they are comfortable with when responding to charges or defending themselves (within reason). That protects workers who may be less fluent in, say, English.

In practice, that means if notice of a disciplinary hearing was only in English and you’re much more comfortable in another official language, you may have grounds to say that you didn’t have a fair chance because of the language barrier.

Redefined probation and incapacity

Probation under the new code is expanded. It now explicitly includes both performance (how well you do the tasks) and suitability (whether you’re fit to the role). That’s a more holistic view.

Incapacity is also reimagined: it now formally includes not just ill health or injury but also things like substance abuse (with guidelines on intervention), incompatibility, and imprisonment. But the code also expects reasonable support and fair process; you can’t be thrown out without an opportunity to respond.

What stays the same

Some core principles remain: an employer must still act fairly, must consider mitigating factors, must give you a chance to respond, and must treat dismissals consistently. Even where informal actions are allowed, the dismissal must be substantively fair (i.e. you must have done something valid, or the incapacity must be real, or the retrenchment must be genuine).

What this means for workers

If you’re facing disciplinary or performance issues

Under the new code, expect your employer to give you a fair hearing, notice of the charges, a chance to respond, and to consider mitigation (your explanation, your work history, seriousness of the offence).

If the employer tried to skip steps (for example, no verbal warning, or no chance to respond) your case won’t automatically win. You’ll need to evaluate whether the deviation was justified. That means checking whether fairness was still maintained.

If language were a barrier, you could argue that you should have been allowed to communicate in a language you’re comfortable with. That might strengthen your case if the procedure was flawed.

If you’re on probation

If your probation period ends and you’re told you’re unsuitable, you can ask not just “did I not perform,” but “was I suitable for the role given proper support, training, fair evaluation?” The code now recognises that suitability matters.

If your dismissal is based on suitability, you can ask: Were alternatives considered? Was this a harsh decision without warning? Were you given feedback and coaching?

If your employer invokes incapacity

If health, injury, or other incapacity is cited, the employer must follow fair process: medical evidence, opportunity to improve (if possible), and being reasonable about support. If your inability is temporary or manageable, you may argue for adjustments or alternative roles.

If they cite substance abuse, they must do so with care: is there an opportunity for treatment or rehabilitation? A fair employer should not simply toss you out without exploring options (unless the situation is extreme).

If you’re retrenched or dismissed for operational reasons

While the new code focuses mostly on misconduct and incapacity, dismissals for operational reasons (retrenchment) still need to be fair. Employers must follow fairness in consultation, selection criteria, alternatives to retrenchment, and notice. The same principles of procedural fairness apply.

When to challenge a dismissal

If you believe your dismissal was unfair under the new code, you can take a case to the CCMA or Labour Court. But now your challenge should focus on:

1. Was the dismissal substantively fair (i.e. did the reason hold water)?

2. Was the procedure fair or justified (i.e. if deviations occurred, were they justified)?

3. Were your rights (language, notice, response) respected?

Keep copies of all notices, correspondence, hearing records, medical reports if relevant, and any alternative proposals or offers of mitigation. The stronger your record, the better your chance.

Practical tips for workers under the new dismissal regime

First, don’t wait until things get serious. If your manager raises performance issues or misconduct, ask for clarity: what exactly is the problem, what expectations are, what support or training will you get, and whether informal feedback is possible. That helps avoid surprises later.

If you’re called to a disciplinary hearing, raise in advance the issue of language if you believe you’ll be more comfortable in a different official language. Ask for clarity in the writing of the charges and time to prepare.

Know your rights around representation — you may request a union rep or colleague to assist you.

If you’re under probation, keep evidence of your output, feedback, and efforts to improve. If dismissal is threatened, ask whether suitability rather than performance is being considered.

If health or medical issues are involved, provide medical evidence, ask for time to recover or adjustments, and engage openly where possible.

If you’re dismissed, act quickly. Seek legal advice or union support. Don’t delay lodging a case at CCMA or relevant tribunal; procedural time limits apply.

Finally, read your employment contract and any collective agreements carefully. Some may include extra protections or clauses that interact with the new code.

Why this change matters for the future

The new dismissal code is more flexible and human — it aligns better with real workplaces, acknowledges that not all deviations are bad, and gives space for fairness over formalism. But that flexibility also leaves room for abuse if employers try to stretch “justified deviations” unfairly.

As a worker, knowing these changes gives you a better footing if you ever have to defend your job or challenge an unfair dismissal. Over time, labour courts will flesh out what counts as “justifiable deviation” and how strictly the provisions will be applied. Your cases and your rights will help shape how the code works in practice.

In short, you need to be alert, informed, and proactive.

Conclusion

The new Code of Good Practice: Dismissal is a big shift in South African labour law as of September 2025. It replaces the old Schedule 8 framework with more flexible procedures, recognition of informal steps, language protections, and reworked rules for probation and incapacity. The core principle—fairness—still holds, but the path to proving or defending fairness is more complex.

If you ever face dismissal, disciplinary action, or performance problems, your strength lies in knowing what the code allows, where deviations might be justified, and how to push your side when it matters. Keep your records, ask for clarity, raise language concerns, and don’t shy away from legal or union support.