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Avoid being referred to the CCMA in the first place! Have a pre-dismissal arbitration process in place...

by , 18 June 2013
Let's say you have your own disciplinary procedure and hold a disciplinary hearing before you dismiss your employee. Now let's assume that even though you held a hearing and perhaps even an appeal process, your disgruntled employee still takes you to the CCMA because he alleges you dismissed him unfairly. At the CCMA, the evidence is heard all over again before the Commissioner rules on whether or not you acted fairly in dismissing. What if there was a way to avoid this lengthy and costly process? Would you want to know what it is? Luckily there is, it's called 'pre-dismissal arbitration' and there are three reasons you should use it...

You probably know about the role of the CCMA in resolving disputes that have already arisen, but do you know that it can also fulfil another role?

That's right! The CCMA can also help you deal with a case even before there's a dispute.

How's this possible?

Well, you can have a pre-dismissal arbitration.

What is pre-dismissal arbitration?

This is when 'you ask the CCMA (or a bargaining council that's accredited) to hold an arbitration concerning your employee's conduct or capacity before the employee is dismissed,' explains The Labour Law for Managers Loose Leaf Service.

The Arbitrator will then decide whether your employee:

  • Has committed misconduct;
  • Isn't performing up to scratch;
  • Can't work because of ill-health or injury.

The Arbitrator will also decide whether dismissal or some other penalty or ruling is appropriate. This decision has the same effect as a CCMA arbitration award.

This means your employee can't then a dispute to the CCMA alleging unfair dismissal or unfair labour practice if he's unhappy with the result of the hearing.

And that's not the only benefit there is to of having pre-dismissal arbitration.

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 You CAN fire that problem employee!

In only 30 minutes, you can gain the knowledge and power you need to legally dismiss problem employees without being taken to the CCMA

Read more here.

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Three reasons why it's a good idea to have a pre-dismissal arbitration

  1. It could save you the time and cost of having to go through all the evidence twice, first at your internal hearing and then at the CCMA.
  2. You won't be faced with arguments about technical and procedural irregularities arising from your internal hearing.
  3. You should get finality and certainty on the issue sooner since your employee can't refer a dispute to the CCMA later, and will only have a limited right of review. (The right of review is the same as the right to take the CCMA on review when you're unhappy with an arbitration award.)

There you have it. Deal with a case even before there's a dispute by having a pre-dismissal arbitration and save your company money and time.

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