Workplace discipline in South Africa is regulated by the Labour Relations Act, 1995 (LRA) and the Code of Good Practice: Dismissal. The central aim of workplace discipline is corrective rather than punitive, encouraging employees to improve conduct or performance before dismissal is considered. Employers are encouraged to apply progressive discipline, which may begin with counselling or warnings and escalate only if misconduct is repeated or serious (Labour Relations Act, 1995; Code of Good Practice: Dismissal, 2025).

Dismissal of employees must be both substantively and procedurally fair. Substantive fairness requires a valid and fair reason, typically based on misconduct, incapacity (such as poor performance or ill health), or operational requirements (retrenchment). Procedural fairness requires the employer to follow a fair process: employees must be informed of allegations, given a reasonable time to prepare, allowed representation, and provided an opportunity to state their case. In addition, consistency and proportionality are key principles—similar offences should attract similar sanctions, and dismissal should match the seriousness of the misconduct (Labourwise, 2025; Cliffe Dekker Hofmeyr, 2025).

Certain dismissals are deemed automatically unfair, including those related to pregnancy, trade union membership, or participation in protected strikes (Labour Relations Act, 1995; Bowmans, 2025). In such cases, employees may claim reinstatement or compensation at the Commission for Conciliation, Mediation and Arbitration (CCMA). On September 4, a new Code of Good Practice: Dismissal was published, replacing Schedule 8 of the LRA. While the new Code retains established principles, it introduces greater flexibility, particularly for small businesses.

It provides guidance not only on misconduct and incapacity but also on dismissals for operational requirements, which previously were not addressed in detail. Employers are urged to maintain fairness while balancing business realities (Mooney Ford Attorneys, 2025; Bowmans, 2025).

In summary, South African labour law emphasises a balance between protecting employees from unfair dismissals and allowing employers to manage performance and conduct effectively. By ensuring both substantive and procedural fairness, workplace discipline contributes to stability, fairness, and productivity. In the next edition(s), focus will be placed on more specific requirements and aspects regarding discipline and dismissal.