Disciplinary codes

Labour & UIF

Start with the published Labour Relations Act dismissal code, and keep it separate from the Department’s statement about a draft. That statement discusses proposed guidance; it does not give you the wording of the published code. Use the checklist to identify each text and focus your reading on the workplace question you need to check.

Official downloads

53294gen3470www.gov.za

How to use it

Check the document title and date The Government Gazette notice is dated 4 September 2025. The notice page names Labour Relations Act: Code of Practice: Dismissal. Check the title on the document you open, then record its date with your notes.
Use the Act contents to find the dismissal material The Act contents list Schedule 8 Code Of Good Practice: Dismissal. The Act also has a heading for right not to be unfairly dismissed. Use these labels to orient your reading, then read the relevant wording in the document itself.
Keep the Department’s draft discussion in scope The Department’s statement discusses a draft. It says the draft does not allow employers to dismiss workers without a fair reason or procedure, regardless of how recently they were hired. It also says the draft requires that employees be treated fairly, given an opportunity to respond, and not dismissed arbitrarily. Keep those statements labelled as discussion of the draft when you compare them with the published text.
Write down what the published text says For your workplace question, note the wording you find in the published code and the part of the Act you checked. Keep your own conclusion separate from the text. If the published wording is unclear, do not fill the gap with a sentence from the draft discussion.

Document checklist

Identify the published text Write the document title at the top of one note. The notice page names Labour Relations Act: Code of Practice: Dismissal. Record the Gazette notice date beside it so you can tell which document you are reading.
Keep the two texts apart Use a separate note for the Department’s statement about the draft. Mark that note as draft discussion. Keep any wording you copy or conclusions you reach under the text where you found them.
Choose the question you are checking Give your note a heading for the issue: dismissal reason, procedure, fair treatment, or incapacity. This helps you find the relevant part of the published code without treating every part of the statement as an answer to your situation.
Leave conclusions open until you compare texts Record the exact wording you find in the published code. If you also use the draft discussion, label it separately. Do not copy a proposal into your notes as though it were wording from the published document.

Questions & answers

What does the Department’s statement say about a qualifying period?

It describes the proposal as limited to three months unless a longer period is reasonable and operationally justifiable in terms of the employment contract. The statement discusses a draft, so check the published code before treating that wording as part of it.

What does the statement describe for an incapacity case?

It describes a full assessment, exploration of alternatives, and an opportunity for the worker to respond and improve. Keep this point with your note about the draft discussion, then check the published code for the wording that applies to your question.

Does the draft discussion give you the wording of the published code?

No. The statement discusses a draft, while the notice page names Labour Relations Act: Code of Practice: Dismissal. Read and compare the published text itself before relying on a particular wording.

What flexibility does the statement mention for small businesses?

It describes flexibility in applying procedures to account for limited resources. It also says the draft requires that employees be treated fairly, given an opportunity to respond, and not dismissed arbitrarily.

What should I do if my question is not answered by the headings?

Read the relevant wording in the published document and keep your notes tied to that text. A heading such as right not to be unfairly dismissed helps identify the subject, but the heading alone is not the full text.