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Article 51/2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?
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  1. A statutory automatically unfair dismissal cause of action exists in terms of s187(1)(f) of the LRA. A statutory cause of action, based upon a constructive dismissal, exists in terms of s186(1)(e) of the LRA. A statutory unfair discrimination cause of action exists in terms of s6(3) of the EEA.
  2. What are the alternative civil claims that exist in delict?
  3. The first claim is based on the actio legis aquiliae – negligent (culpa), or intentional (dolus) and wrongful causing of patrimonial damage (pecuniary damage) is covered in this action.
  4. An alternative or simultaneous claim may also be based on the actio iniuriarum – the intentional (dolus animus iniuriandi) infringement of the interest of personality is covered by means of this cause of action and is instituted to recover sentimental damages (solatium).
  5. Under both the aforesaid actions, the claimant would be entitled to damages, if successful, to the extent proven.

See, in general, Erasmus v Dr Beyers Naude Local Municipality (2021) 42 ILJ 1545 (ECG), (2021) 32 SALLR 6 (ECG).

February 16, 2026

Like its predecessor, namely, Schedule 8 to the LRA, the Code deals with probation. In the above regard, the following indicates the similarities between the Code and the said repealed Schedule 8:

February 13, 2026

The Code of Good Practice: Dismissal (the Code) in item 12 deals with dismissals and industrial action.

January 13, 2026

The Code of Good Practice on Dismissal (the Code) was promulgated in GG 53294 of 4 September 2025. The Code repealed Schedule 8 Code of Good Practice Dismissal and the Code of Good Practice Based on Operational Requirements (1999). The Code became effective on 4 September 2025.