Changes to Legislation

Welcome to Season 3 of The Cox Yeats Podcast! In episode 5, host Harshita Kapoor is joined by Sunil Hansjee, a partner at Cox Yeats Attorneys with over a decade of experience in employment and labour law. He unpacks the recent implementation of the new Code of Good Practice regulating dismissals in South Africa, highlighting key amendments and what they mean for both employers and employees. Whether you’re running a small business or employed in a large organisation, this episode provides practical insights into evolving legal requirements, with a particular focus on procedural fairness, definitions of incompatibility, and more. 

Sunil is recognized for his expertise in complex employment matters, occupational health and safety, and litigation. He also serves as an acting judge in the Labour Court of South Africa. With extensive practical experience spanning collective bargaining, organisational restructuring, disciplinary inquiries, and high-profile litigation, Sunil brings insightful, real-world perspectives to today’s discussion. 

⏱ Timestamped Overview 

00:30 – Introduction and introducing the guest Sunil Hansjee 
01:16 – What is the Code of Good Practice? 
01:36 – Scope of the Code: Dismissals Only 
02:28 – Notable Amendments: Small Business Enterprises 
04:06 – Defining Small Business Enterprises 
05:01 – Procedural Requirements for Small Businesses 
06:11 – Explaining Incompatibility   
08:09 – Incompatibility and Probationary Employees 
09:19 – Impact of the New Code   
10:21 – Role of CCMA and Dispute Resolution 
11:22 – Consolidation of Dismissal Types. 
12:09 – Procedures for Retrenchments 
12:50 – Repeal of the Old Code 

Quote of the Episode 

“Recognising that small businesses shouldn’t have to disrupt their operations just to deal with discipline is a notable amendment. It allows them to focus on their primary objective, trying to make it in very difficult economic times, while still treating employees fairly.” – Sunil Hansjee 

👣 Relevant Links 

 
Sunil Hansjee Website: https://www.coxyeats.co.za/Partners/Person/50/Sunil%20%20Hansjee  
Sunil Hansjee LinkedIn: https://www.linkedin.com/in/sunil-hansjee-7354a424/  

🌐 Connect with Cox Yeats 

🔗 Website: https://www.coxyeats.co.za/  
📘 LinkedIn: https://za.linkedin.com/company/cox-yeats  
🎧 YouTube Channel: https://www.youtube.com/@coxyeats8892  

Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional.