Latest news with #CodeofGoodPracticeonDismissal
The Citizen
07-05-2025
- Politics
- The Citizen
How pending labour law amendments will affect you
Public comment on the draft Code of Good Practice on Dismissal is closed and the labour department has begun reviewing submissions. Amendments to sections of the Labour Relations Act (LRA) are in the final stages of government approval. The Department of Employment and Labour (DEI) released the draft Code of Good Practice on Dismissal in January, with the window for public comment having closed in March. The LRA's sections facing amendments are Section 186(2), which covers unfair labour practices, Section 77, which regulates protests, and a repeal of Section 189A (13), which covers retrenchments. Fighting unemployment The process of amending the LRA still needs to be presented to parliament and submitted to cabinet, but the DEL stated on Sunday that it was reviewing the comments, subject to the minister's implementation. The department says the amendments aim to simplify procedural fairness, limit protection during probation periods, and redefine unfair labour practice and retrenchment procedures. Those against the amendments believe they weaken labour protections, but the DEL states they are a 'pragmatic' response to unemployment. '[The amendments] are designed to equip our economy with the tools needed for growth and to provide more South Africans with meaningful employment opportunities,' the DEL stated. 'These changes were developed with the involvement of organised labour and reflect a mutual commitment to addressing the economic crisis confronting millions of unemployed South Africans,' the department added. Potential 'class warfare' The South African Federation of Trade Unions (SAFTU) has been staunchly opposed to the amendments, stating they tilted power in favour of employers. 'These amendments represent raw class warfare waged by the bosses against workers,' stated Saftu in April. 'The proposed changes represent a thinly veiled attempt to chip away at the labour protections won through heroic struggles and huge sacrifices by the working class,' they added. However, DEL stressed that the amendments would not allow employers to arbitrarily dismiss employees, as the obligation to explore alternatives and provide opportunities for employees to improve still existed. The department noted that urgent court applications made during retrenchment consultations often resulted in disrupted processes due to rushed litigation and undermined meaningful engagement. 'The repeal of section 189A (13) does not remove the right to challenge procedural unfairness but restores balance by allowing such challenges to be brought more effectively after the retrenchment.' The amendment of Section 77 does place limitations on protest action while preserving union rights and the right to engage, 'by providing a more suitable forum and timeline to raise procedural disputes.' Designed to 'improve usability' Sharusha Moodley of Bregman Moodley Attorneys Inc. explained that the draft code was revisited and built upon Schedule 8 of the LRA, with the amendment replacing the existing code. 'The draft code retains much of the spirit and structure of the original code. However, the 2025 revision aims to improve usability,' Moodley said. She stated that enhancements included acknowledging small businesses and their unique operational needs while expanding on the original factors for determining the appropriateness of dismissal in cases of misconduct. 'It now expressly includes the actual or potential impact of the misconduct on the business and the employee's response, including any acknowledgement of wrongdoing and expressed willingness to adhere to rules in future,' Moodley told The Citizen. Other changes alter probation periods to allow employers to assess a new employee's suitability, instead of simply assessing performance. The amendments will include imprisonment or incompatibility in the definition of incapacity, as well as include a section on dismissals for operational requirements. Too early to gauge CCMA effect Moodley explained dismissals for operational requirements were previously absent from the code and governed separately under the LRA. 'It now outlines the principles of substantive and procedural fairness, aligning with section 189 of the LRA and includes a template that should be used when an employer contemplates retrenchment under Section 189(3) of the LRA. '[Additionally], there is expanded guidance on poor performance that certain senior employees may not require formal warnings before dismissals,' Moodley explained. The Commission for Conciliation, Mediation and Arbitration (CCMA) has been a safety net for disgruntled employees, but Moodley said it was too early to gauge the amendment's effect on the CCMA. 'Employers and HR professionals should begin familiarising themselves with the draft code's provisions and consider how these changes may affect internal policies and procedures. However, it is too soon to assess the impact on the efficiency of the CCMA,' advised Moodley. NOW READ: New employment code aims to address SA unemployment crisis
eNCA
05-05-2025
- Business
- eNCA
DA responds to anti-transformation accusations
PRETORIA - The Democratic Alliance has responded to criticism of their recent court case against the Department of Labour. The DA has filed papers at the High Court in Pretoria. It's challenging the constitutionality of the Employment Equity Amendment Act. The act changes introduce sector-specific hiring quotas. ⚖️ Stay informed about the latest updates to the Code of Good Practice on Dismissal and recent Labour Law Amendments. 📌 Swipe through the infographics below for essential facts and updates. #GovZAUpdates South African Government (@GovernmentZA) May 5, 2025 A statement released by the Department of Labour read, "The Minister of Employment and Labour, Ms. Nomakhosazana Meth has noted with dismay, the Democratic Alliance (DA) stance against transformation by challenging the amendments to the Employment Equity Act 55 of 1998, introduced by the Employment Equity Amendment Act 4 of 2022. This move is a clear attempt to reverse the progress made since 1994 and maintain the unfair status quo." Challenging the Employment Equity Amendments: The DA's Anti- Transformation Stance #Yazini #ServicedeliveryZA #GovZAUpdates #WorkersMonth — Department of Employment and Labour (@deptoflabour) May 5, 2025 The Department of Labour said, "'unlike rigid mandatory quotas, which must be achieved at all costs, the Amendment Act introduces flexible employment equity targets." "Designated employers can set their annual numerical targets in their employment equity plans, which must comply with sectoral targets. However, employers can justify their failure to meet these targets on reasonable grounds." The DA announced they would be briefing the media on the motivations for their case, saying the party believes in merit. 🎥 Watch live at 13h30: #DApresser — Democratic Alliance (@Our_DA) May 5, 2025 DA spokesperson Willie Aucamp said high unemployment and sluggish economic growth is an indicator that progress in the labour sector has not taken place. On International Worker's Day, President Cyril Ramaphosa said, "I would say to them they must go read our Constitution very clearly and very carefully." [WATCH] "I would say to them they must go read.." President Cyril Ramaphosa on GNU partner, DA taking the Minister of Employment and Labour to court over the the Employment Equity Amendment Act. @eNCA — Pule Letshwiti-Jones (@pule_jones) May 1, 2025
