What is Schedule 8 of the LRA?

A guide on fair dismissals

The Labour Relations Act 66 of 1995, in Schedule 8, contains a Code of Good Practice on dismissals, which governs how to ensure a fair dismissal.

Employers who do not have established workplace policies, procedures, and codes of conduct (disciplinary codes) should always comply with Schedule 8 to ensure that a fair dismissal is carried out.

Workplace codes of conduct implemented by employers can be tested against Schedule 8 to see if the progressive discipline proposed therein is fair and reasonable, taking into consideration circumstantial factors of the workplace and the nature of work to be carried out.

Schedule 8 discusses fair reasons for dismissal related to misconduct, poor work performance, probation, and ill health enquiries. It also covers fair procedures to be followed before dismissing an employee.

Employers who fail to dismiss an employee for a fair reason or fail to follow a fair process could be ordered by the CCMA to pay the employee up to 12 months’ salary as compensation or to reemploy or reinstate the employee with back pay.

Follow the link or visit our website to see Mouton Law’s online DIY Misconduct Labour Law course which assists employers and employees to understand their rights and how to conduct their cases during workplace disciplinary hearings and CCMA / Bargaining Council cases. https://moutonlaw.co.za/online-course

Should you require any further information or legal assistance, contact Mouton Law on 076 279 6680 or albert@moutonlaw.co.za or visit https://moutonlaw.co.za/