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Pre-dismissal arbitration: How does the arbitrator decide the issue?

by , 06 October 2014
So you're aware of all the benefits of a pre-dismissal arbitration.

You know it can:

• Save you time and money of having to go through all the evidence twice, first at your internal hearing and then at the CCMA;

• Help you avoid facing arguments about technical and procedural irregularities arising from your internal hearing; and

• Help you get finality and certainty on the issue sooner since your employee can't refer a dispute to the CCMA later and will only have a limited right of review.

But, have you ever asked yourself how the arbitrator decides on the issue when you use pre-dismissal arbitration? It's important that you know so you can prepare well.

Keep reading to find out how the arbitrator decides the issue at a pre-dismissal arbitration.


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Here's how the arbitrator will decide the issue at a pre-dismissal arbitration

 
According to the report, CCMA for Managers, the arbitrator conducts a pre-dismissal arbitration along the same lines as a normal CCMA arbitration and the same rules and principles of fairness will apply.
 
The Commissioner (acting as Chairperson) will direct what action, if any, should be taken against your employee. He'll decide for you whether your employee:
 
  • Has committed misconduct;
  • Isn't performing up to scratch; or
  • Can't work because of ill-health or injury.
 
He'll make his decision based on facts. So to make sure the decision goes in your favour, make sure you prepare well by having the right facts and documents.
 
Remember, when it comes to a pre-dismissal arbitration, legal representation is only allowed if both you and your employee agree to it.
 
Now that you know how the arbitrator decides the issue at a pre-dismissal arbitration, make sure you prepare well for your case.
 
PS: We recommend you checkout the Labour Law for Managers Loose Leaf Service for more information on pre-dismissal arbitration.
 


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