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

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part A - Introduction

3. Small businesses
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(1)This Code should not be interpreted as requiring small businesses to comply with obligations that are not practical or feasible for their operation.

 

(2)Any person determining the fairness of a dismissal should consider, in addition to any other guidelines set out in this Code, the circumstances in which small businesses operate.

 

(3)For example, small businesses cannot reasonably be expected to engage in time-consuming investigations or pre-dismissal processes while at the same time keeping the business going. It should also be borne in mind that small employers do not have human resource departments staffed by people with skills and experience in these matters.