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How to know if pre-dismissal arbitration is your best step?

by , 19 June 2013
The National Prosecuting Authority (NPA) vs. Prosecutor Glynnis Breytenbach case is far from over. Last week, the NPA confirmed it had filed an application for the Labour Court to review the outcome of a disciplinary hearing that cleared Breytenbach of all 15 charges against her. The case has been going since April last year when Breytenbach was suspended. You can only imagine the costs both parties have spent on the case. The good news is you can avoid a similar scenario in your company simply by using pre-dismissal arbitration...

While the CCMA is instrumental in resolving disputes, it can help you to deal with a case even before there's a dispute through the process of a pre-dismissal arbitration.

As an employer, you can ask the CCMA (or a bargaining council that's accredited) to hold an arbitration concerning your employee's conduct or capacity before your employee is dismissed. This decision has the same effect as a CCMA arbitration award – except for the fact that your employee can't refer the dispute to the CCMA alleging unfair dismissal or unfair labour practice after it's been concluded.

But, for you to use pre-dismissal arbitration to save your company the time and cost of having to go through all the evidence twice, you have to know the cases best suited to it.

Revealed: The five best cases suited for having pre-dismissal arbitration

According to the Labour Law for Managers Loose Leaf Service, you can use pre-dismissal arbitration for the following cases:

  1. Cases that'll take a long time to complete even via an internal hearing.
  2. Cases with complicated or detailed evidence.
  3. Cases where your employee will possibly be represented, maybe even legally represented.
  4. Cases where maybe even you will need legal assistance with your case.
  5. Cases where there's no-one suitable from within your company to chair the hearing and you need to get an outside chairperson in any event.

Knowing which dismissal cases are best suited for pre-dismissal arbitration will help skip costly and lengthy disputes at the CCMA.


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