The South African Federation of Trade Unions (SAFTU) condemns the Department of Employment and Labour’s decision to gazette the Code of Good Practice on Dismissal on 22 August 2025. This was done without Parliamentary oversight, without public hearings, and in defiance of submissions made by SAFTU and 30 other organisations which rejected the weakening of worker protections and called for more time and in-person hearings.
The Minister’s decision undermines democracy and tramples on hard-won labour rights. SAFTU demands that the Gazette be withdrawn, that the Code be tabled before Parliament, and that there be at least 90 days of provincial public hearings, including formal Parliamentary hearings.
What the Gazette says — and why SAFTU rejects it
Clause 2(2): “This Code must be interpreted in a manner that ensures the expeditious resolution of disputes.”
SAFTU warns that “expeditious” will be used to cut corners at the CCMA and in workplaces, undermining workers’ ability to prepare a defence. Speed must never trump fairness.
Clause 3(1)–(3):
“Smaller employers may adopt a less formal approach to discipline.”
This legitimises “corner-shop justice,” creating a two-tier system in which workers in small workplaces are stripped of due process.
Clause 5:
“A dismissal is unfair if it is not effected for a fair reason and in accordance with a fair procedure… automatically unfair dismissals include dismissal for participation in trade union activities, pregnancy, or discrimination.”
SAFTU defends this provision but warns that it is undermined by the escape clauses elsewhere in the Code.
Clause 6(2):
“The purpose of discipline is to correct behaviour and not to punish… it must be applied in a progressive manner.”
This language must be strengthened — but it is rendered meaningless when read alongside clause 6(7).
Clause 6(7):
“The employer may depart from these rules and procedures if there is a justification for doing so.”
This sweeping loophole allows bosses to ignore the very protections the Code claims to establish.
Clause 7(2):
“A dismissal may be appropriate for a single instance of serious misconduct.”
Employers will stretch the definition of “serious misconduct” to justify arbitrary dismissals of union activists and whistleblowers.
Clause 8 (Probation):
“An employee may be dismissed during probation for reasons related to performance or compatibility.”
The Code shifts the burden to workers and gives employers a free hand to sack new hires without real obligations to provide training, support, or evaluation.
Part G & Annexure A (Operational Requirements):
Introduces a template for retrenchment notices.
While standardisation could improve transparency, the Gazette’s language allows employers to treat consultation as a tick-box exercise.
Why SAFTU Supports Other Amendments
SAFTU, however, acknowledges that not all provisions are regressive. Among the progressive protections we support are:
- Clearer protections against unfair discrimination:
The code explicitly strengthens safeguards against dismissals linked to race, gender, pregnancy, disability, union membership, and other prohibited grounds. - Recognition of dismissal linked to harassment and violence:
For the first time, the code provides clearer guidance on dismissals where sexual harassment or gender-based violence is involved. This is an important step in protecting women workers, who are disproportionately victims of workplace abuse. - Improved clarity on probation:
The regulations narrow the scope for abuse of probation periods. Employers will no longer be able to endlessly extend probation to avoid permanent employment obligations. - Enhanced procedural fairness in misconduct cases:
Some provisions raise the standard for employers to demonstrate that dismissal for misconduct is not arbitrary, and that alternatives to dismissal must be considered first.
Why the process is illegitimate
– SAFTU’s January 2025 letter placed on record our efforts to engage the Minister.
– We formally requested more time to consult members.
– 30 organisations submitted inputs rejecting regressive clauses and demanding public hearings. All of this was ignored.
– SAFTU only joined NEDLAC in November 2022; our request to reopen negotiations was dismissed.
SAFTU’s demands
1. Withdraw the 22 August 2025 Gazette.
2. Table the Code before Parliament for oversight and amendment.
3. Convene 90 days of public, in-person hearings across provinces, including hearings by Parliament.
4. Ensure all submissions already made by SAFTU, its affiliates, and the 30 organisations are properly engaged and reflected.
A call to the labour movement
SAFTU calls on all unions and federations to reject these attacks on workers’ rights. We will continue to unite with the Scrap Labour Law Amendments Coalition and to protest against these amendments in workplaces, communities, and on the streets.
Conclusion
The Code of Good Practice on Dismissal, as gazetted on 22 August 2025, is a direct assault on worker rights. SAFTU insists: no to arbitrary dismissals, no to loopholes for bosses, no to sham consultations. Yes to Parliamentary oversight, yes to 90 days of public hearings, yes to worker democracy.
A Statement was issued on behalf of SAFTU General Secretary Zwelinzima Vavi.
For media enquiries, contact the National Spokesperson at:
Newton Masuku
0661682157
