Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part A - Introduction

2. Interpretation
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(1)This Code is intentionally general. Each case is unique, and departures from the norms established by this Code may be justified in proper circumstances. For example, the number of employees employed in an establishment may warrant a different approach.

 

(2)The key principle in this Code is that employers and employees should treat one another with mutual respect. This Code places a premium on employment justice, the efficient operation of an employer's business and the expeditious resolution of disputes. While employees should be protected from unfair action, employers are entitled to satisfactory conduct and work performance from their employees.

 

(3)This Code does not alter the rights and obligations created under a collective agreement.

 

(4)To make matters easier to understand, this Code uses terms that are in common use even though they do not appear in the Act. For example, the term "retrenchment" is used instead of dismissal for operational requirements and where obvious from the context, "business" includes a trade, undertaking or service.