Arbitration is a full re-hearing of your case against an employee. It includes a full investigation into the fairness of the dismissal.
Presenting your evidence at the hearing is vitally important. After all, it is what you will use to prove your contractual right to dismiss him in the first place.
Here are five tips on how to present evidence at an arbitration hearing:
1. First of all, you should be able to prove that the action committed by the relevant employee was in fact a prohibited offence. This can be done by referring to the relevant section in your disciplinary code and procedures.
2. You must prove the employee was actually guilty of the offence.
649 New cases are referred to the CCMA every day. Only 72% of the cases are settled...
What happens to the rest?
Did you know a full 38% if all cases end up at arbitration, the Labour Court or in strikes
or lock-outs? That's a massive 247 cases that leave employers, just like you, battling it out with an employee.
Don't lose your case because of a technicality... Be armed with the one tool that will give you the winning solution to fighting your case at the CCMA.
3. You must present evidence that the employee was fully aware of the fact that the action was prohibited. This can be done by presenting a copy of your disciplinary code and procedures, which he signed, that shows he acknowledged receipt and understood its contents.
4. You must show that the broken rule was reasonable.
5. You must present evidence to show your company sustained harm. If not, you should be able to prove that if the offence was to be repeatedly committed, it would cause damage and harm to your company.
There are five tips to keep in mind when presenting evidence at an arbitration hearing.
To learn more, click below…
Protect yourself from labour-related problems by using this practical tool
The comprehensive Labour Law for Managers Loose Leaf Service gives you all the details you need for maximum protection in labour-related problems. You will find, for example:
• Information on the problem areas managers have to handle in the workplace daily, and appropriate solutions;
• Valuable advice for employers, based on the ever-changing legislation;
Sample contracts, dismissals
and warning letters, etc;
• Numerous practical checklists; and
• Much more…