South Africa on Unfair/ Wrongful Dismissal

​​​​A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. The intended changes affect small employers, dismissals linked to poor performance, misconduct, participation in unprotected strikes, and operational requirements.

An incident that occurred on a South African airline flight in December 2024 sparked heated debate on social media and made news headlines.

The ubiquitous use of cell phones in modern society has meant that employers have, in certain circumstances, deemed it necessary to introduce policies and disciplinary rules...