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Here's what Jack's story can tell you about pre-dismissal arbitration

by , 02 October 2014
Pre-dismissal arbitration is often misunderstood by employers.

This is unfortunate because it means you're limiting yourself when it comes to dispute resolutions procedures. And you're missing out on the major benefits this process offers.

You don't have to miss out anymore.

Take a look at Jack's story below. It will tell you everything you need to know about pre-dismissal arbitration so you can use this process to your advantage.

Before, we get to Jack's story, let's explain what pre-dismissal arbitration is

In this article, we explain that pre-dismissal arbitration is a dispute resolution process that replaces an in-house disciplinary enquiry, internal appeal procedure, conciliation and further arbitration.

Basically, you and your employee agree to ask the CCMA, a council or an accredited agency to appoint an arbitrator to conduct a pre-dismissal arbitration, that will replace a disciplinary enquiry and arbitration.

The outcome will then be a final and binding award. This means, you can't turn around and say you want to resolve the matter using conciliation or arbitration.

Now look at Jack's story to see how this works…

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What you can learn about pre-dismissal arbitration from Jack's story 

Jack works at a computer shop.
The shop's policy is security personnel can randomly search employees when they leave the premises.
So, one afternoon, security guards randomly search Jack and they find company property hidden under his overalls.
In this situation, his manager may get Jack's consent to use the pre-dismissal arbitration procedure because the evidence of theft is strong and dismissal is likely to be the outcome.
Using pre-dismissal arbitration will cut out the need to hold an internal disciplinary enquiry, having to find another available manager to chair the enquiry and give a written outcome.
By holding a pre-dismissal arbitration instead, the award will be final and Jack won't be able to refer a dispute alleging unfair dismissal to the CCMA. This means his company avoids further costs and time taken in attending conciliation and subsequently arbitration.
It's that simple.
Now that you understand pre-dismissal arbitration better, use it to your advantage to resolve disputes.
For more information on pre-dismissal arbitration, check out the Labour Law for Managers Loose Leaf Service.

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