Overview  

This webinar highlights the importance of conducting dismissals and retrenchments in a manner that is both legally compliant and procedurally fair under South African labour law. 

The most important highlight of this webinar is providing legal practitioners, HR professionals, and in-house counsel with a practical, legally compliant framework for managing fair dismissals and retrenchments in accordance with South African labour law, with a particular emphasis on procedural fairness, substantive justification, and the legal consequences of non-compliance. The webinar equips attendees with the skills to structure lawful termination processes, navigate consultations, issue compliant notices, and manage disputes before the CCMA or Labour Court, ensuring organisational decisions remain legally defensible, procedurally sound, and ethically responsible. 

Join Adv. Dwight Snyman on 29 July 2025 from 13h00 to 14h30 as he unpacks the legal intricacies and practical steps involved in conducting fair dismissals and retrenchments, offering valuable insights into procedural and substantive fairness, consultation obligations, and compliance with the Labour Relations Act to ensure lawful, defensible termination practices. 

Learning objectives  

Attending this webinar will equip you with the following skills: 

• To equip attendees with a clear understanding of the legal framework governing dismissals and retrenchments in terms of the Labour Relations Act 66 of 1995, including distinctions between misconduct, incapacity, operational requirements, and automatically unfair dismissals. 

• To develop the attendee’s ability to implement procedurally fair termination processes, including compliance with Schedule 8 (Code of Good Practice: Dismissal), proper notice, disciplinary enquiries, consultation requirements, and documentation protocols. 

• To enhance competency in conducting lawful retrenchments, including the application of sections 189 and 189A of the LRA, criteria for selection, meaningful joint consensus-seeking consultations, and appropriate severance calculation. 

• To enable legal and HR professionals to identify and mitigate legal risks arising from flawed dismissals, including the potential for reinstatement, compensation, and reputational damage following findings of procedural or substantive unfairness.  

Content 

The webinar will cover the following topics:  

• Legal Foundations of Termination of Employment 

  • Statutory Framework: Labour Relations Act 66 of 1995 

  • Constitutional Rights and the Right to Fair Labour Practices 

  • The Code of Good Practice: Dismissal (Schedule 8) 

  • The Role of Collective Agreements and Contracts of Employment 

• Forms of Dismissal and Grounds for Termination 

  • Misconduct-Based Dismissals 

  • Incapacity: Poor Performance and Ill Health 

  • Operational Requirements (Retrenchment) 

  • Automatically Unfair Dismissals 

  • Constructive Dismissal 

  • Dismissals Following Fixed-Term Contracts 

• Procedural and Substantive Fairness in Dismissals 

  • Requirements for Procedural Fairness 

  • Requirements for Substantive Fairness 

  • Notice Requirements and Formulation of Charges 

  • The Role and Conduct of Disciplinary Hearings 

  • Representation, Record-Keeping, and Chairperson’s Duties 

  • Issuing and Drafting of Dismissal Notices 

• Retrenchment Procedures in Terms of Sections 189 and 189A 

  • Distinguishing Section 189 from Section 189A 

  • Thresholds for Large-Scale Retrenchments 

  • Obligation to Consult and Procedural Requirements 

  • Selection Criteria and Fair Application 

  • Severance Pay, Final Payments, and Exit Documentation 

  • Alternatives to Retrenchment: Redeployment and Voluntary Packages 

• Legal Consequences of Unfair Dismissals or Retrenchments 

  • Remedies Available at the CCMA or Bargaining Council 

  • Reinstatement, Re-employment, and Compensation Awards 

  • Costs Orders and Reputational Considerations 

  • Burden of Proof and Evidentiary Requirements 

• Managing Disputes and Defending Claims 

  • Preparing for Conciliation and Arbitration 

  • Drafting and Submitting Employer Responses (Form F3) 

  • Bundle Preparation and Witness Identification 

  • Tactical Approaches in Labour Litigation 

  • Review and Appeal Procedures 

• Ethical and Practical Considerations in Termination 

  • Good Faith in Consultation and Decision-Making 

  • Avoiding Retaliatory or Pretextual Dismissals 

  • Protecting Confidential Information and Employer Property 

  • Managing Internal Communication and Organisational Morale 

About the presenter 

Adv. Dwight Snyman 

Adv. Dwight Snyman is an admitted member of the Johannesburg Society of Advocates and is accredited by the Legal Practitioners Council as an Advocate of the High Court of South Africa. Adv. Snyman completed articles of clerkship, and attorney’s competency exams under the auspices of the Wits Law Clinic. He completed his Advocacy pupillage under the tutelage of the esteemed Adv. Louis Du Bruyn. 

Adv. Snyman has had opportunity and success in litigation, in the High and Magistrates’ Courts of the republic, the CCMA, Disciplinary Hearings and assorted other venues and forums, and has become possessed of practical litigation experience beyond what would normally be expected from a practitioner of his age and seniority. He is the holder of a degree in Politics, Philosophy and Economics (PPE) from the University of Cape Town, and postgraduate Bachelor of Laws (LLB) from the University of the Witwatersrand, for which he was accorded the honour of being on the Dean’s list for his academic performance. 

Who should attend?  

The following persons will benefit from attending this webinar:  

• Corporate legal professionals 

• Advocates.  

• Attorneys. .  

• Candidate attorneys.  

• Law students.  

• Paralegals. 

Price               

• R 400.00 - Online admission - Individual.  

• Group Price 1 - From R337 per person (up to 5 users)   

• Group Price 2 - From R260 per person (up to 10 users)   

• Group Price 3 - From R224 per person (over 11 users)  

Steps to register for the event:   

If you already have a profile, login and register for the webinar.  

If you don’t have a profile, create a free profile then login and register for the webinar.  

Click here  to create a free profile (There is no charge to create a profile and gain access to our free Monthly Practice Management Series).  

Click here  to find out about the Technical Resource Centre & CPD Subscription options.  

Additional material  

By attending this webinar you will be provided with:  

• A summarised slide presentation.  

• Reference documents and/ or course material where available.  

• You can ask questions during the webinar and you will also have access to the presenter after the webinar.  

About SA Legal Academy  

Welcome to SA Legal Academy (SALA), a provider of courses to help you succeed in your chosen career. We are committed to providing our students with the highest quality training and support, to ensure that your skills and knowledge are up to date and ready to face the challenges of the modern workplace. Our courses are designed to ensure that you reach your professional goals and enhance your career prospects. With our experienced training staff and comprehensive resources, you can be confident that you will receive the highest quality of training from SA Legal Academy.  

SALA is a Level 2 B-BBEE contributor, with 125% procurement recognition. Training spend on certain solutions can be allocated against the Skills Development element of the B-BBEE Scorecard through accredited and nonaccredited training or claimed through SETA grants. In addition, 25% of your Skills Expenditure can be claimed on non-accredited training or courses.  

Corporate Training Solutions  

At SALA, we recognise the evolving needs of businesses in today's dynamic environment. Beyond our standard webinar offerings, we provide tailored corporate training solutions designed to empower your team with the latest in legal and professional skills. Whether you're looking for online sessions or face-to-face training, our programs are crafted to ensure a comprehensive and engaging learning experience.  

Drawing inspiration from modern training methodologies, our corporate solutions are interactive, adaptable, and focused on real-world applications. We prioritize hands-on learning, ensuring your team can immediately apply their newfound knowledge in practical scenarios.  

Interested in a bespoke corporate training experience? Reach out to us at [email protected] or call 012 941 0448. Together, let's design a training program that elevates your team's capabilities and aligns with your organizational goals.  

Contact Us For More Information  

Have any questions or need any assistance? Contact us today!   

• Online chat through our website.   

• Phone: +27 (0) 12 941 0448   

• E-mail: [email protected]