Every employer knows discipline matters. But here’s the truth: ever since the new Code of Good Practice: Dismissal (2025) came into effect, the spotlight is no longer just on why you discipline, it’s on how you do it.

And this is where many small businesses stumble. Even when the misconduct is clear and the reason for a warning or dismissal is solid, cases are often lost at the CCMA. Why? Not because the employee was innocent, but because the procedure wasn’t followed correctly.

What the New 2025 Code Means for You

The updated Code raises the bar for employers. It’s no longer enough to say “my staff know the rules.” You need to prove it. Here’s what the law now expects:

✅ Your rules and policies must be clear, written, and explained in plain language employees actually understand.
✅ Employees must get proper notice of hearings, with enough time to prepare.
✅ Hearings must be fair: employees get the right to representation, to present evidence, to cross-examine witnesses, and to face an impartial chairperson.
✅ Sanctions must be reasonable and consistent. Dismissal should always be the last resort, unless it’s gross misconduct.
✅ Every step (from warnings to final outcomes) must be recorded and accessible.

Skip any of these steps (even accidentally), and you could find yourself on the wrong end of a CCMA award.

How the Updated 2025 Disciplinary Toolkit Solves This Risk

I’ve built the Disciplinary Pack specifically to protect businesses like yours. When you use this toolkit, you get:

• An updated Disciplinary Code & Procedure, fully aligned with the 2025 Code of Good Practice.

• A Sanction Matrix & Disciplinary Register template so you can enforce policy consistently.

• Ready-to-use hearing, outcome, appeal, warning, dismissal forms that follow legal standards.

• A guide to customise the policy, insert your company name, designate roles, and distribute properly.

• Quick guides and checklists so every manager has a roadmap to follow every time.

This is the difference between having a policy on paper and having a policy that holds up under scrutiny.

According to the CCMA’s 2018‐2019 annual report, nearly 194,000 cases were referred nationally, of which approximately 71% involved unfair dismissal. One recent case, Bidvest Proteas Coin v PTAWU and Others (2023/2024), found a dismissal unfair even though misconduct was serious, simply because the employer failed to follow proper hearing procedure and allow the employee the rights guaranteed under labour law.

These examples underscore that it’s rarely the what of misconduct that fails an employer, it’s often how the process was handled.

What You Should Do Today

If you’re reading this, ask yourself honestly:

• Are my current disciplinary policies up to date with the 2025 Code?

• Would my notices, hearings, and appeals stand up at the CCMA?

• Do my managers actually know the right steps to follow, or are they “winging it”?

Every day you don’t solidify your disciplinary code under the new standards, you run risk. The difference between winning a CCMA case and losing one often comes down to the steps you took before the complaint even began.

→ Download the Updated 2025 Disciplinary Toolkit Here: Disciplinary Toolkit

Contact me to review or draft your existing policies: admin@legalassistsolutions.co.za

Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Labour law matters are often complex and fact-specific. For tailored guidance or assistance with a workplace or disciplinary matter, please arrange a formal consultation with the author at Legal Assist Solutions.