HomeHome SearchSearch MenuMenu Our productsOur products

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.

*********** Top rated product ***************
Get instant samples, templates and checklists to make sure you're implementing labour laws and practices with these free reports

Do you know:

  • These little known ways to reduce absenteeism?
  • Your employees aren't automatically entitled to a bonus?
  • How to get rid of that employee who's not performing?
  • How to solve 40 labour problems that drive other people nuts?
  • All the policies to hire, fire and manage your employees?

Find out now with the five reports you'll get when you sign up to the Labour Law for Managers Subscription Service. Sign up today.



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.

Vote article

Pre-dismissal arbitration: How does the arbitrator decide the issue?
Note: 5 of 1 vote

Related articles

Related articles

Related Products