The EE submissions for the period 2025 is currently active.  In line with the requirement to submit for the 2025 period, the updated 5-year plan for the period September 2025 – August 2030 is also a requirement.  The plan is required to include the sectoral targets for the particular industry an employer operates in and how these targets will be met over the 5-year period.  Employers will be assessed against sectoral targets met / progress thereto for various industries as published.

Employers with less than 50 staff “non-designated” Employers will still be required to indicate / update on the online portal their status as non-designated Employer in order to obtain a Compliance Certificate.  If you have deregistered you will have to re-activate your account by means of informing the DG of such re-activation, and proceed to disclose your status as “non-designated employer”.

 
Code of Good Practice Schedule 8
 
The much-anticipated amendment to the Code of Good Practice – Dismissal, Schedule 8 has been published. The Code seeks to balance competing interests by protecting employees from unfair conduct whilst recognizing that employers are entitled to proper performance and satisfactory conduct in the workplace.
 
Key take aways form this are the following:

• Small Businesses – The Code recognizes that Small Business may not be able to comply with formal procedures, the Code introduces a more flexible approach to discipline for Small Businesses. Importantly to
  a Small Business must still comply with some form of process, albeit informal, prior to making a decision to terminate an employee. This “informal approach” would still require the employee to be given an opportunity to make representations prior to any termination. Small Business owners would still be required to defend their decision at the CCMA. A Small Business is not defined in the schedule, however our view is that a Small Business would consist of 10 or less employees, as defined in the Ministerial Determination – Small Businesses.
   
• Informal Processes – Disciplinary investigations or enquiries can be tailored to the size and nature of each business, which may include such to be conducted less formally. Employers must still ensure that allegations are prepared with sufficient detail and allowing the employee to respond to such, before any decision is taken. In exceptional circumstances employers may deviate from such processes altogether, however employers must still be able to justify this decision at the relevant external forums such as the CCMA.
   
• Illegal Strike Dismissals – The code now also includes another form of dismissal, on account of participating in an illegal strike.  However, factors such as the seriousness of the strike, attempts by the employees to comply with the law and also whether the employer was the cause / provoked such strike, be considered prior to dismissal. The dismissal process still requires one to engage any trade union or employees and to discuss the issues first, issue a clear ultimatum and allow employees reasonable time to comply with the ultimatum.
   
• Probationary Periods – An employer may decide not to confirm an employee’s permanent appointment / or decide to extend the probationary period only after the employee has been given an opportunity to make representations to the employer for its consideration.  Only if fair and justified may the employer then dismiss or extend the probationary period. It is important to note that an employer may proceed to extend or terminate on less compelling reasons during probation.
   
• Incompatibility – The term incompatibility is now also added in the code.  Incompatibility refers to an employee’s inability to work in harmony with colleagues or align with company culture.  It is deemed as a form of incapacity and is dismissible where it is proven that the conduct has caused an irretrievable breakdown in the employment work relationship.  Again, procedural and substantive fairness principles as is the case in other incapacity matters, would still apply hereto.

Most notably is that employers are still required to consider employee representations prior to any dismissal decision being taken, albeit that the code now seems to allow a bit more flexibility to employers (especially small businesses) when conducting internal disciplinary / investigation processes.

It is also important to note that there would still be a requirement to prove procedural and substantive fairness at external forums such as the CCMA, so be prepared to defend your decision and approach taken.

The above changes as published may require employers to review their current disciplinary codes, especially when operating as a small business.

Call us for expert advice and guidance!