Let’s be real — no one starts a business dreaming about firing people. It’s uncomfortable, stressful, and sometimes even emotional. But, as every employer eventually learns, it’s something that must be handled from time to time. Whether it’s the employee who’s always late, the one who vanishes for “extended lunch breaks,” or the high performer who suddenly acts like they run the company — dismissals happen.
However, firing someone isn’t about frustration or feelings. In South Africa, it’s all about how you do it, fairness, and compliance.
The Legal Lowdown
Under the Labour Relations Act (LRA) 66 of 1995, every dismissal must tick two important boxes:
- Substantive fairness — meaning there’s a valid and fair reason for dismissal.
- Procedural fairness — meaning the correct process was followed.
In simpler terms, you can’t just fire someone because you’re fed up or having a bad day. South African law wants to make sure both sides are treated fairly.
The Code of Good Practice: Dismissal (Schedule 8 of the LRA) explains what this means in plain language:
- There must always be a valid reason for dismissal — like misconduct, incapacity, or operational requirements (retrenchment).
- You must hold a proper disciplinary hearing, where the employee gets to tell their side of the story. They can even bring representation if they want.
- After the hearing, they must receive a written outcome, clearly explaining the decision.
- Every step should be recorded in writing — from warnings to hearing minutes — because if it’s not written down, it’s as if it never happened.
Skipping these steps can land you in hot water. The CCMA (Commission for Conciliation, Mediation and Arbitration) might order that the employee be reinstated or even award up to 12 months of salary in compensation — even if the employee was clearly at fault.
So yes, fairness isn’t optional — it’s the law.
The Common Mistakes That Sink Employers
Unfortunately, many employers still make the same simple mistakes. Let’s look at a few that can completely derail your case:
- “It’s my company, I can fire who I want.” Nope. Not under South African labour law. You can’t just fire someone because you feel like it.
- No policy framework. If your company doesn’t have a clear disciplinary code, your decisions can seem random and unfair.
- Bias in hearings. The person who made the complaint can’t also chair the hearing. That’s like being both the player and the referee in the same match — it’s just not fair.
- Retaliatory dismissals. Firing someone for having a “bad attitude” right after they lodge a grievance is a big red flag. The CCMA calls that victimisation, and they take it seriously.
Each of these mistakes can turn a simple dismissal into a complicated (and expensive) CCMA case.
When to Get Help
Let’s be honest — disciplinary issues can get messy fast. And when emotions are high, it’s easy to make a legal mistake without realising it. That’s why getting professional HR support is so important.
Instead of guessing what to do next, let the experts handle it for you. TeamMaster HR offers IR (Industrial Relations) packages designed to protect both your business and your peace of mind:
- IR Lite Pack (R7,500/year) – Includes up to 3 hearings plus policy updates.
- Compliance IR Pack (R12,500/year) – Adds quarterly audits and one IR workshop.
- IR Protection Plan (R18,500/year) – Includes ten cases, unlimited advice, CCMA prep, and two manager workshops.
- IR Platinum Retainer (R32,000/year) – Offers unlimited IR support, hearing chairing, and CCMA representation.
These packages are made to save you time, reduce risk, and keep your company fully compliant — all while letting you focus on growing your business.
The Bottom Line
Firing someone is never fun, but it doesn’t have to be a nightmare either. When you follow fair procedures, keep everything documented, and get expert help when you need it, you protect your company from legal trouble — and you show that you value fairness and respect.
So, remember: fire fairly, not fearfully.
TeamMaster HR
People. Compliance. Growth.
