Proposed bill to reform dismissal procedures and employee protections

At a glance

• On 9 October 2024, the Department of Employment and Labour announced the Minister's intention to table a new bill for consideration by parliament.
• The bill aims to streamline dismissal procedures and limit compensation for procedurally unfair dismissals.

On 9 October 2024, the Department of Employment and Labour announced the Minister's intention to table a new bill for consideration by parliament. Although the bill has not yet been published for public comment, it is expected to address several key areas:

• Procedural Fairness: The bill aims to simplify dismissal procedures and limit compensation for procedurally unfair dismissals.
• Employee Protections: It proposes to exclude high-paid employees from certain statutory protections, limit protections for employees on probation, and introduce broader definitions of employees.
• Labour Market Efficiency: Enhancements are planned for the efficiency of bargaining councils and the Labour Court, as well as better alignment of council and agency jurisdictions.
• Non-Standard Workers: New protections will be introduced for workers required to be available for work without guaranteed hours.
• Retrenchment and Severance: The bill seeks to clarify retrenchment procedures and severance pay claims, while excluding certain employees from collective agreements.