What changed on 4 September 2025, and the five things every fair hearing still needs.
On 4 September 2025, a new Code of Good Practice: Dismissal replaced the old Schedule 8 code and the code on retrenchments. It brings misconduct, incapacity and operational requirements dismissals under one framework.
What changed? The Code allows a less formal process where appropriate, including simpler procedures for small businesses without HR capacity, as long as the process stays fair. It also expands incapacity to include incompatibility, imprisonment and substance dependency, and sets clearer guidance on probation.
What has not changed: fairness still has two parts. There must be a fair reason, and a fair procedure. Every hearing still needs:
1. Allegations in writing, clear enough for the employee to understand and answer.
2. Reasonable time to prepare.
3. The right to be assisted by a fellow employee or union representative.
4. A real opportunity to respond, present evidence and question witnesses.
5. A decision with reasons, and the sanction communicated to the employee.
Sanction: progressive discipline (counselling and warnings) is preferred. Dismissal for a first offence is reserved for serious misconduct, such as theft, assault or gross dishonesty, that makes the employment relationship intolerable. Treat similar cases consistently.
Action point: if your disciplinary code still refers to Schedule 8, update it and train your line managers and chairpersons on the new Code.
This article is general information, not legal advice for your specific situation. Speak to a MetaCo consultant about your organisation.