Disciplinary Procedures Dismissal

Ivan Israelstam

Although there is a formal Code of Good Practice for Dismissal it is also possible to have a less formal approach to disciplinary procedures in certain circumstances.

The CCMA Guidelines: Misconduct Arbitrations (The Guidelines) states that it is not unfair for employers to use third parties such as attorneys to chair disciplinary hearings. However, these highly important guidelines do not give disciplinary hearing chairpersons the right to conduct such hearings in a biased manner. The Guidelines oblige Commissioners to assess whether workplace dismissals are fair or unfair, and it is difficult to see how such dismissals can be fair if the presiding officer is biased and if it is shown that such bias results directly in prejudice to the employee.

 

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