One vital tip when preparing for Conciliation
Should you ever be faced with a dispute over a dismissal, the chances are you'll have to go through Conciliation.
This is a very useful process as it gives you and your employee the chance to settle a dispute out of Court.
But just because it isn't the Court, doesn't mean it's unimportant! You have to prepare thoroughly for the Conciliation process.
In this article, we'll reveal the most important tip when preparing for Conciliation. So keep reading to find out what it is...
TIP: Was it fair?
Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly
And if you didn't do it fairly, you could have to pay him up to 12 months' salary!
Don't let this happen to you…
When preparing for conciliation,
you need to go into review-mode. In other words you need to gather all relevant documents and persons together to re-look at the entire disciplinary hearing that led to dismissal.
You must get in contact with the Chairperson
who conducted your disciplinary hearing, as well as the Complainan
t, the Investigator
and the Chairperson
who conducted your appeal hearing as soon as possible.
Collect all the relevant documents in chronological order. These include…
the original complaint and all evidence gathered and used at the disciplinary hearing and appeal hearing;
the minutes of the disciplinary hearing as well as those of the appeal hearing;
the Chairperson's findings, his notes from the disciplinary hearing as well as the Chairperson's notes for the appeal hearing;
the Investigator's notes and
the accused's written statement.
Once you have all these persons and documents together, you must get each person to study the documents in order to determine if:
· the original complaint justified disciplinary action;
· the investigation was conducted in a fair and thorough manner;
· the correct procedures were used; and that
· the Chairperson arrived at his findings in an unbiased manner.
By doing all of this, you can ensure that you have a solid case on the day of Conciliation.
*To learn more on how to prepare for Conciliation,
page over to Chapter C 01: CCMA – Conciliation
in your Labour Law for Managers
handbook, or click here
to order your copy of this fantastic labour resource.