Home › Ending Employment › How to Dismiss a Domestic Worker Legally in South Africa

How to Dismiss a Domestic Worker Legally in South Africa

Ending a domestic worker's employment is one of the easiest ways for a household employer to land at the CCMA — and one of the easiest disputes to avoid. South African law does not stop you from dismissing a nanny, housekeeper or gardener; it requires a fair reason and a fair process. This guide walks you through both, plus notice periods, final pay and the paperwork you must hand over on the last day.

Last reviewed June 2026 · wage figures from 1 March 2026

The only three fair reasons for dismissal

Under the Labour Relations Act, every dismissal must rest on one of three grounds: misconduct, incapacity, or operational requirements. The 2025 Code of Good Practice: Dismissal — in force since 4 September 2025, replacing the old Schedule 8 code — confirms this and applies fully to households employing domestic workers.

Misconduct covers behaviour the worker chooses, such as theft, dishonesty, repeated lateness or refusing reasonable instructions. Incapacity covers things the worker cannot help — persistent poor performance despite guidance, or ill health that prevents the work being done. Operational requirements is retrenchment: you are emigrating, downscaling, moving into a complex with cleaning services, or can no longer afford the wage. "I just don't like her anymore" is not on the list, and dismissing for a reason outside these three is where employers lose at the CCMA.

• Misconduct — blameworthy behaviour (theft, dishonesty, repeated rule-breaking after warnings)
• Incapacity — poor performance or ill health, despite support and reasonable accommodation
• Operational requirements — your household genuinely no longer needs or can afford the position

Fair procedure: an informal meeting is enough

Good news for households: the 2025 Code expressly allows small employers to use simplified, informal procedures. You do not need a courtroom-style hearing with a chairperson and witnesses. The Code's standard for a small employer is to meet with the employee, explain the problem in a language they understand, allow them to respond, and record the discussion — keeping notes is enough; you do not need transcripts.

For misconduct, follow these steps: (1) investigate and get the facts straight; (2) give the worker written notice of the discussion a few days in advance, stating the allegation in plain language — use our notice of disciplinary discussion template; (3) hold the meeting, put the allegation to her and genuinely listen to her side; (4) consider whether she did it and whether dismissal is the appropriate sanction, given any prior warnings; (5) give the outcome in writing. The Code stresses corrective, progressive discipline — dismissal is reserved for cases where continued employment has become intolerable, so for minor offences issue warnings first.

Incapacity and retrenchment have their own shape. For poor performance, show you raised the problem, gave guidance and a fair chance to improve before dismissing. For retrenchment, consult the worker before deciding: explain why the job is at risk, invite alternatives (reduced days, lower hours), and only then give notice.

Notice periods for domestic workers

The Basic Conditions of Employment Act sets specific notice for domestic workers: one week if she has worked for you for six months or less, and four weeks if she has worked for you for more than six months. Notice must be in writing — a termination letter does the job.

You may pay the worker in lieu of notice instead of having her work it — often the kinder option after a misconduct dismissal. Notice pay is her normal full pay for the notice period, and remember wages must be at least the national minimum wage of R30.23 per hour (from 1 March 2026), which applies in full to domestic workers.

Retrenchment: severance pay on top of notice

If the dismissal is for operational requirements — you no longer need or can afford the position — the worker is entitled to severance pay of one week's pay for every completed year of service, in addition to notice pay, accrued leave and her final wages. A worker with eight years of service therefore gets eight weeks' severance plus four weeks' notice (or pay in lieu). Skipping severance is one of the most common and most expensive mistakes household employers make.

What an unfair dismissal costs you

A dismissed worker can refer an unfair dismissal dispute to the CCMA within 30 days, free of charge and without a lawyer. If the commissioner finds the dismissal unfair — wrong reason, no fair process, or both — the primary remedy is reinstatement, and where that is not appropriate the CCMA can award compensation of up to 12 months' remuneration. On a wage of R5,000 a month, that is a potential R60,000 order — far more than doing it properly would ever have cost. Procedural shortcuts alone (right reason, no fair process) still attract compensation, typically at the lower end of the scale.

Resignation is not dismissal

If your worker resigns of her own accord, none of the dismissal rules apply — but get the resignation in writing, dated and signed, and keep it. She must still give you notice (the same one week / four weeks), though you can waive it. Never pressure a worker to resign to avoid a dismissal process: a resignation given under threat can be challenged at the CCMA as if it were a dismissal, and you lose the protection a fair process would have given you. If you both genuinely want to part ways on agreed terms, use a written mutual separation agreement instead.

Final pay and paperwork checklist

Whatever the reason for termination, the last day comes with a fixed set of obligations. Work through this list before she leaves:

• Wages up to the last day worked, at no less than R30.23 per hour
• Notice pay, if you are paying in lieu of notice instead of having notice worked
• Payout of all accrued, untaken annual leave — the BCEA only permits paying out leave on termination, so it must all be settled now (leave accrues at roughly one day per 17 days worked)
• Severance pay of one week per completed year of service, if the reason is operational requirements
• A certificate of service — section 42 of the BCEA entitles every employee to one on termination
• The UI-19 form declaring the termination to the UIF, issued on or before her last day — she cannot claim UIF benefits without it
• A copy of the termination letter and your notes from the disciplinary or consultation meeting, for your own file