Conciliation is a very important process. It gives you and the employee a chance to settle a dispute out of the court. Instead, Conciliation is held at the CCMA and at bargaining councils while being overseen by the CCMA Commissioner/Conciliator.
Should you ever be faced with Conciliation as a result of a dismissal, there are vital steps that you'll need to keep in mind as the process approaches. Here are two important steps to include in preparation up to Conciliation...
1. Arrange an internal management meeting:
Hold an internal management meeting to check the procedures that lead up to the dismissal.
Get in contact with the Chairperson who conducted your disciplinary hearing, the Complainant, the Investigator as well as the Chairperson who conducted your appeal hearing as soon as possible.
Gather all relevant documents in chronological order before the meeting and ask all participants to study them thoroughly for the meeting.
These should include:
• The original complaint and all evidence gathered and used at the disciplinary hearing and appeal hearing;
• The minutes of the disciplinary hearing as well as those of the appeal hearing;
• The Chairperson's findings, her notes from the disciplinary hearing as well as the notes of the Chairperson for the appeal hearing;
• The Investigator's notes and
• The accused's written statement; etc.
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2. Carry out the internal preparation meeting:
Hold discussions so as to confirm that:
• The original complaint was justified in that it lead to disciplinary action;
• The investigation was carried out in a fair and thorough manner;
• The correct procedures were used; and that
• The Chairperson arrived at her findings in an unbiased manner.
So there you have it – two important tips to include building up to the Conciliation process.