# LRA Fair Dismissal and the CCMA vs Dismissal Rules in Italy

> South Africa's substantive and procedural fairness test and the CCMA vs Italian giusta causa, giustificato motivo and the Jobs Act.

South African managers come to Italy with a useful instinct: you cannot simply fire someone. Under the Labour Relations Act, every dismissal must be **substantively and procedurally fair**, and the CCMA will check both. Italy works on a similar principle. What differs is the vocabulary, the formality and the remedies. Full comparison on [Italy vs South Africa](/italy-vs-south-africa.html).

## South Africa: fair reason, fair procedure

The [Labour Relations Act 66 of 1995](https://www.gov.za/documents/labour-relations-act) protects employees against unfair dismissal and establishes the **CCMA** to conciliate and arbitrate disputes. A dismissal is fair only if:

- **Substantively fair**: there is a fair reason related to the employee's **conduct**, **capacity** (poor performance or ill health) or the employer's **operational requirements**.
- **Procedurally fair**: the employer followed a fair procedure, guided by the Code of Good Practice: Dismissal (for misconduct, an opportunity to state a case; for poor performance, guidance, training and time to improve).

Some dismissals are **automatically unfair**, for example for pregnancy, union activity or discrimination. The employee refers the dispute to the CCMA or a bargaining council within a short time limit <!-- review: 30 days, LRA s.191; confirm on ccma.org.za -->, and remedies are reinstatement, re-employment or compensation <!-- review: caps of 12 months, 24 for automatically unfair, LRA s.194 -->.

Notice under the BCEA is short: one week up to six months' service, two weeks up to a year and four weeks after that ([BCEA s.37](https://www.labour.gov.za/DocumentCenter/Acts/Basic%20Conditions%20of%20Employment/Act%20-%20Basic%20Conditions%20of%20Employment.pdf)).

## Italy: just cause and justified reason

Italian law also requires a reason, set out in [Law 604/1966](https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1966-07-15;604) and the civil code:

- **Giusta causa** ([art. 2119 c.c.](https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:regio.decreto:1942-03-16;262~art2119)): misconduct so serious that the relationship cannot continue even for the notice period. Dismissal without notice.
- **Giustificato motivo soggettivo**: a significant breach of the employee's duties, less serious than just cause. Dismissal with notice.
- **Giustificato motivo oggettivo**: reasons linked to the business, such as abolition of the role or reorganisation. The employer must show the role really went and that the employee could not be redeployed.

The closest South African analogies are misconduct (soggettivo or giusta causa) and operational requirements (oggettivo). Italy has no separate "incapacity" category: poor performance must be framed as a breach of duties, and ill-health dismissal is possible only after the **comporto** (the sick-leave protection period set by the CCNL) runs out.

## Procedure

For any conduct-based dismissal, Italian employers must follow **article 7 of the Workers' Statute** ([Law 300/1970](https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1970-05-20;300)): a written, specific charge; at least five days for the employee to reply, in writing or at a hearing with a union representative; and only then a written decision. The disciplinary code must be posted where employees can see it. Missing a step can make the dismissal unlawful, even if the misconduct is real.

Every dismissal, whatever the reason, must be **in writing** and state the reasons. Notice is set by the CCNL ([art. 2118 c.c.](https://www.normattiva.it/uri-res/N2Ls?urn:nir:codice.civile:1942-03-16;262~art2118)), and is usually longer than the BCEA minimum, especially for senior levels.

## Remedies

For employees hired since March 2015, the **Jobs Act** ([Legislative Decree 23/2015](https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2015-03-04;23)) applies:

- Employers with **more than 15 employees**: compensation of **6 to 36 months'** reference pay if the dismissal is unjustified.
- Employers with **15 or fewer**: **3 to 18 months**, following the Constitutional Court's 2025 ruling (judgment 118/2025).
- **Reinstatement** for discriminatory or oral dismissals, and where the alleged misconduct is shown not to have happened.

The employee must challenge the dismissal in writing within 60 days and then file in court or seek conciliation within 180 days. Italy has no CCMA: disputes go to the labour court, with optional conciliation.

| Topic | South Africa | Italy |
|---|---|---|
| Reasons | Conduct, capacity, operational requirements | Giusta causa, motivo soggettivo, motivo oggettivo |
| Procedure | Code of Good Practice; fair hearing | Art. 7 Workers' Statute, written charge, 5 days |
| Form | Written notice (BCEA) | Written dismissal with reasons, mandatory |
| Forum | CCMA or bargaining council | Labour court (optional conciliation) |
| Main remedy | Reinstatement or capped compensation | 6–36 months (3–18 small employers); reinstatement in some cases |
| Notice | 1–4 weeks | CCNL, weeks to months |
| Probation | Fairness still applies, lower bar | Free termination during written probation |

## Probation is your main window

In South Africa, dismissal during probation still needs to be fair, though the standard is less demanding. In Italy, during a **written probation period** either party can end the relationship without reason or notice, as long as the probation is genuine. Once it ends, the full regime applies from day one. Decide before probation expires.

## Negotiated exits

South African employers often settle at the CCMA. The Italian equivalent is a **settlement signed in a protected forum** (before the labour inspectorate, in union conciliation or a certification commission), which cannot be challenged later. It is often the cleanest route out of a difficult relationship.

## Common mistakes South African managers make

- Treating a performance plan as enough on its own; in Italy the facts must amount to a real breach, or the exit should be negotiated.
- Holding an informal "hearing" on a video call without the written charge and five-day window.
- Labelling a performance problem as a restructure; courts look at the real reason.
- Waiting until the last week of probation to raise concerns.
- Forgetting that dismissal during pregnancy, until the child's first birthday, or inside the sick-leave comporto is void.

## What this means if you hire through an EOR

The EOR is the legal employer, so it runs disciplinary procedures, issues letters and negotiates any settlement under Italian law and the CCNL. Bring documented facts early: dates, emails, objectives. A South African "fair hearing" mindset helps; the Italian paperwork is simply stricter. Read the [Italian employment contract guide](/italy-employment-contracts.html), compare countries on [Italy vs your country](/italy-vs-your-country.html) and budget exits in the [calculator](/calculator.html).

## Related guides for companies in South Africa

- [Section 189 retrenchment vs TFR and collective dismissal](/articles/south-africa-retrenchment-severance-vs-italy-tfr.html)
- [BCEA vs the Italian contract and CCNL](/articles/south-africa-bcea-contract-vs-italian-ccnl.html)
- [Restraint of trade and POPIA vs Italian rules](/articles/south-africa-restraint-of-trade-popia-vs-italy-gdpr.html)

General information, not legal advice. Planning an exit? [Talk to us](/contact.html).

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Source: https://hiringitaly.com/articles/south-africa-lra-unfair-dismissal-vs-italian-dismissal.html · 2026-11-10