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The seven factors the CCMA will use to decide if your discipline was fair

by , 18 September 2014
If your employee takes you to the CCMA for disciplining him unfairly, arbitrators will look at certain factors to decide if this was really the case.

It's important for you to know about these factors so you can refer to them when you implement discipline in your workplace. They will help you pass the CCMA fairness test.

Keep reading to discover eight factors the CCMA will use to decide if your discipline was fair.


The CCMA will use these seven factors to decide if your discipline was fair

 
Number one: Did the employee have a clear understanding of the rule he violated (i.e. did you make him aware of the rule before he broke it)?

Number two: Did you enforce the rule consistently and fairly (i.e. are you disciplining an employee for breaking a rule that you didn't discipline someone else for)?

Number three: Did your employee know you'd take disciplinary action if he didn't comply with the rule?

 
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Number four: Did you consider the seriousness of the offence?

For example, how serious is the offence in terms of the rules of conduct of your company – is being a few minutes late for a shift as serious an offence as stealing from the company?

Number five: Did you consider your employee's record (i.e. how long he's been working for you without breaking any rules)?

Number six: Did you consider what pushed your employee into breaking a rule?

Number seven: Did you consider your employee's admission to the misconduct and his apology?

Let these factors be a guide. Take them into account when you decide on the disciplinary action to take against your employee. These are, after all, the same factors the arbitrators at the CCMA will consider to decide if your discipline was fair.
 

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