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The four benefits of pre-dismissal arbitration

by , 02 October 2014
Pre-dismissal arbitration is a great dispute resolution process.

Essentially, one process replaces an in-house disciplinary enquiry, internal appeal procedure, conciliation and further arbitration.

This is just one of the key benefits of pre-dismissal arbitration.

Read on to discover the other four benefits it has to offer so you can use it to your advantage when dealing with employee misconduct or incapacity.


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Using pre-dismissal arbitration will offer you these four benefits
 
#1: Pre-dismissal arbitration reduces time. One process finalises the issue and prevents further disputes at the CCMA or your bargaining council.
 
#2: It saves time and money especially if it occurs at your premises.

For example, company witnesses can carry on with normal work until they're called to give evidence, instead of spending the whole day at the CCMA to give evidence at arbitration.
 
#3: You can use the services of a professional or neutral third party (arbitrator) to make disciplinary and performance decisions on your behalf.
 
This can be useful if there are allegations that you or the manager you appointed to chair the enquiry are biased against the employee and is also useful in highly sensitive cases (for example, cases involving sexual harassment or the disciplining of a very senior employee.)
 
#4: Statutory outside intervention is less costly than private outside intervention. If you and your employee agree to use private arbitration instead of the pre-dismissal arbitration process, the costs will be significantly higher.
 
#5: Pre-dismissal arbitration creates immediate legal certainty and finality because your employee is disciplined or dismissed as soon as the award is issued instead of waiting months and sometimes years before a matter is finalised, says the Labour Law for Managers Loose Leaf Service.
 
Now that you know about these benefits, why not consider using pre-dismissal arbitration to your advantage when dealing with employee misconduct or incapacity?



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