It doesn't matter if you're right and have a watertight case... If you don't appear at the CCMA to defend your case, there's a very good chance the commissioner will rule in favour of the employee. And you'll lose!
Let's look at a case where this happened...
Get all the ammunition you need to beat the CCMA
CCMA for Managers will show you exactly what to expect and what to do to prepare a watertight case against an employee who's intent on taking you to the CCMA.
Best-of-all, it'll show how to gather the right evidence against the employee you dismissed without worrying if you've covered all your bases.
In it, you'll discover:
Find out more now...
Five actions that DON'T warrant disciplinary action in the workplace
Control within your business is a must and you need to enforce discipline.
Any behaviour that makes up misconduct should be dealt with swiftly, yet in a fair and legally compliant manner.
Having said that, there are five actions that DON'T count for disciplinary action.
Find out what they are here.
Warning: 1 out of 3 dismissals are deemed as 'unfair' by the CCMA!
Chairing a disciplinary hearing isn't easy.
With all the disciplinary codes and procedures you have to remember...
The roles and rules you need to adhere to...
The different questions you need to ask...
The different types of evidence that can legally be presented...
There are dozens of things you need to keep in mind to give each employee a fair hearing.
But what if I told you that chairing a hearing that follows the right disciplinary process is as easy as five simple steps?
10 Documents you need to prepare for a CCMA conciliation
Your employee, Tim, committed a misconduct. So you follow your internal disciplinary processes.
Tim is found guilty of the misconduct and you dismiss him.
A few days later you receive notification to attend a CCMA conciliation hearing. In the notification, Tim claims you dismissed him unfairly.
So now that you've received the notification, you need to know which documents you need to prepare.
Find out the 10 documents you need to prepare for a CCMA conciliation...
You CAN fire that problem employee!
There are only three ways to dismiss someone fairly…
Today I'll show you how to fire him – legally so you'll never have to worry about the CCMA again.
You can't punish or dismiss a whistle-blowing employee...
An employee has protection when he discloses a workplace crime (The Protected Disclosures Act 26 of 2000 (PDA)). And it's there to make sure all employers and employees disclose any criminal acts in the workplace. As well as any irregular conduct.
And you have a responsibility to a whistle-blowing employee... You can't punish or dismiss him for this.
If you dismiss an employee for doing this, it's an 'occupational detriment'. And it's an automatically unfair dismissal (s 187 of the LRA). It also falls in the definition of unfair labour practice.
But does this mean a whistle-blower can get a court interdict to stop you from having a disciplinary enquiry? In other words, as a preventative step to stop an automatically unfair dismissal?
This was the issue in one case…
P.S. For a detailed step-by-step guide on how to prepare for a CCMA conciliation to ensure you don't lose your case, turn to chapter C01: CCMA Conciliation in your Labour Law for Managers Handbook. If you don't have a copy yet, click here.