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Struggling to sell the concept of pre-dismissal arbitration to your staff? Apply these two tactics

by , 02 October 2014
Pre-dismissal arbitration is a dispute resolution process that replaces an in-house disciplinary enquiry, internal appeal procedure, conciliation and further arbitration.

The major thing with pre-dismissal arbitration is, legally, you can't impose it on employees who earn below the statutory minimum. You have to get their consent if you want to use it.

What we often find is employers struggle to sell the concept of pre-dismissal arbitration to their staff.

If you're one of these employers, we've got you covered.

Here are two useful tactics you can use to sway your employees when it comes to pre-dismissal arbitration.


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Use these two tactics to sell the concept of pre-dismissal arbitration to your staff


Tactic #1: Speak with unions about pre-dismissal arbitration

If your employees belong to trade unions, try to get the unions on board with the concept of pre-dismissal arbitration as a sensible alternative to your internal disciplinary enquiry.

According to the Labour Law for Managers Loose Leaf Service, both union representatives and employees will appreciate the importance of an unbiased, neutral outsider making disciplinary decisions instead of a company manager who is likely to make the decision in favour of the company.

This is a very strong selling point to make.

Tactic #2: Make employees understand the advantages of pre-dismissal arbitration

Another selling point is to explain to employees the advantages of quick outcomes and legal certainty, instead of months of unemployment and no income while waiting for the CCMA or bargaining councils to schedule conciliation and arbitration hearings.

It's a legal requirement that you get employees who earn below the statutory minimum to agree to pre-dismissal arbitration if you want to use it.

So be proactive and use these tactics to sell them the concept of pre-dismissal arbitration.
 

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