Arbitration at the CCMA
The guidelines
- Purpose
- Interpretation of the law
How to conduct arbitration proceedings
- Deciding on the manner of conducting an arbitration
- Nature of an arbitration
- Preparation and introduction (stage 1)
- Preliminary issues (stage 2)
- Narrowing the issues in dispute (stage3)
- Hearing of evidence (Stage 4)
- Argument (Stage5)
Assessing evidence and drafting an award
- The award
Assessing evidence
- Background facts
- Summary of evidence
- Analysing evidence
How to approach procedural fairness
- Introduction
- If there is no workplace disciplinary procedure
- If there is workplace disciplinary procedures
- Collective agreements
- Contractually binding procedure
- Employer imposed procedures
Representation
- Disciplinary action against a trade union representative
How to approach substantive fairness
- Guidelines in cases of dismissal for misconduct
- The Rule or standard
- Appropriate sanction
- Progressive discipline
- Reasons for not dismissing
- Employees circumstances
- Nature of the job
- Circumstances of contravention
How to approach remedies
- Choosing a remedy for substantively unfair dismissals
- Reinstating an employee
- Ordering re-employment
- Issues to consider in ordering reinstatement or re-employment
- Awarding compensation
- Compensation for substantively unfair dismissals
- Compensation for procedurally unfair dismissals
- Costs awards
Amounts payable in terms of section 74 of the Basic Conditions of Employment Act 75 of 1997