Sloppy procedure and lack of preparation could cost you at arbitration!
Famous scientist and inventor, Alexander Graham Bell once said, 'before anything else, preparation is the key to success.'
This saying fits perfectly when it comes to arbitration.
You can't afford to skimp on preparation in the run up to arbitration. If you do, you're setting yourself up for failure and you could pay a heavy price in compensation costs.
Take a look at the case below. It's a classic case of how sloppy procedure and lack of preparation could cost you at arbitration.
The employee was a manager for a security firm. He testified he had been held up by armed robbers at the Qwa-Qwa branch of his employer's company, where he was robbed of money and a company vehicle.
He subsequently opened a criminal case at the local police station.
Five days later, he phoned the police station to enquire about the progress of the case. The police told him to wait where he was, at the premises of his employer.
The employer then dismissed the employee on the spot and the police arrived a short while later and arrested the employee, presumably in connection with the alleged robbery.
In the criminal case, the employee was found not guilty and he returned to work, but his employer confirmed his dismissal.
The matter went for arbitration.
The Commissioner held that the dismissal was unfair because at arbitration the employer didn't dispute the employee's testimony and in addition, the employee had been dismissed without a disciplinary hearing.
The Commissioner awarded the employee 12 months' salary as compensation.
Here's a case that shows the consequences of sloppy procedure and lack of preparation at arbitration
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Here's why this is a classic case of sloppy procedure and lack of preparation…
According to experts behind the Labour Law for Managers Loose Leaf Service
, this is a classic case not only of sloppy procedure and lack of preparation by the employer, but also of a complete lack of regard for proper procedure and fair reason on the part of the employer.
He totally ignored the basic requirements in any disciplinary procedure.
He didn't hold a disciplinary hearing, he didn't investigate the matter and, when the employee was released from prison, he didn't allow him to put forward his side of the story. And the fact that the employer wasn't convincing at arbitration shows his lack of preparation.
As you can see, sloppy procedure and lack of preparation could cost you at arbitration. Don't become the employer who loses a case because of this. Follow proper disciplinary procedure and prepare well for arbitration.