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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 72

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 72

Page	72 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 59 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

72    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

ANNEXTURE L

THE CODE OF GOOD PRACTICE
                   INTRODUCTION

(1)    This code of good practice deals with some of the key aspects of dismissals for reasons

related to conduct and capacity. It 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)    This Act emphasises the primacy of collective agreements. This Code is not intended as a

substitute for disciplinary codes and procedures where these are the subject of collective

agreements. or the outcome of joint decision-making by an employer and a workplace jorran.
                   (3)    The key principle in this Code is that employers and employees should treat one another with

mutual respect. A premium is placed on both employment justice and the efficient operation of

business. While employees should be protected from arbitrary action. employers are entitled to
                          satisfactory conduct and work performance from their employees.

2.     FAIR REASONS FOR DISMISSAL
                   (1)    A dismissal is unfair if it is not affected for a fair reason and in accordance with a fair

procedure. even if it complies with any notice period in a contract of employment or in
                          legislation governing employment. Whether or not a dismissal is for a fair reason is determined

by the facts of the case, and the appropriateness of dismissal as a penalty. Whether or not the

procedure is fair is determined by referring to the guidelines set out below.
                   (2)    This Act recognises three grounds on which a termination of employment might be legitimate.

These are: the conduct of the employee. the capacity of the employee. and the operational

requirements of the employer's business.
                   (3)    This Act provides that a dismiss(/' is automatically unfair if the reason for the dismissal is one

that amounts to an infringement of the fundamental rights of employees and trade unions, or if

the reason is one of those listed in section 187. The reasons include participation in a lawful
                         strike. intended or actual pregnancy and acts of discrimination.

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