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Eight important things every employer must know about pre-dismissal arbitration

by , 23 October 2014
In any work environment, there are bound to be disputes between employers and employees.

While this is inevitable, the important thing whenever disputes arise, is dealing with them swiftly so they don't disrupt your business.

The good news is, the Labour Relations Act (LRA) has put provisions in place that allow for swift, inexpensive and effective dispute resolution. One such measure is pre-dismissal arbitration.

Pre-dismissal arbitration basically replaces an in-house disciplinary enquiry, internal appeal procedure, conciliation and further arbitration. This means, when dealing with employee misconduct or incapacity, you may agree with your employee to ask the CCMA, a council or an accredited agency to appoint an arbitrator to conduct a pre-dismissal arbitration.
The outcome will be a final and binding arbitration award. Neither party can seek any further dispute resolution mechanisms such as conciliation or arbitration after this.
While this explanation may sound simple enough, there's a lot more to pre-dismissal arbitration than that. And that's why we're giving you everything you need to know so you can deal with workplace disputes effectively.

Here are eight crucial points you need to know about pre-dismissal arbitration as an employer 

1. Here's how pre-dismissal arbitration was born.
2. Pre-dismissal arbitration will offer you these four benefits.
3. You must do this one thing first if you want to use pre-dismissal arbitration.
4. Apply these two tactics to sell the concept of pre-dismissal arbitration to your staff.
5. If you're dealing with one of these cases, it may be a good idea to use pre-dismissal arbitration.
6. Pre-dismissal arbitration isn't free of charge.
7. Follow these three steps to arrange pre-dismissal arbitration.
8. During pre-dismissal arbitration, an arbitrator uses a certain criteria to decide on the issue.
Knowing these eight points about pre-dismissal arbitration will help you deal with workplace disputes effectively.
If you're still not sure about this dispute resolution measure, checkout Jack's story. It will tell you more about pre-dismissal arbitration.
We also recommend you get your hands on CCMA for Managers. It shows 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.

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