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CCMA Guidelines for Misconduct Arbitrations

by Nicci - Posted 16 October 2011

The CCMA have issued guidelines, in terms of the Labour Relations Act, which must be taken into account by Commissioners conducting arbitrations for dismissal for misconduct cases.   

The Guidelines deal with how an Arbitrator should:

-conduct arbitration proceedings

-evaluate evidence for the purpose of making an award

-assess the procedural fairness of a dismissal

-determine the remedy for an unfair dismissal

The rationale behind issuing these guidelines is to promote consistent decisions coming through from arbitrations dealing with misconduct dismissals.  The guidelines also reinforce the principle that the onus lies with the employer to prove the fairness of the dismissal.

A link to the Guidelines can be found here