CCMA Guidelines Misconduct Arbitrations

CCMA Guidelines : Misconduct Arbitrations PUBLISHED BY THE COMMISSION FOR CONCILIATION, mediation AND arbitration IN TERMS OF SECTION 115(2)(g) OF THE LABOUR RELATIONS ACT, 1995 (ACT NO. 66 OF 1995) TO BECOME EFFECTIVE ON 1 JANUARY 2012 CONTENTS A: PURPOSE AND NATURE OF Guidelines Purpose Interpretation of the law B: 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 (stage 9 Hearing of evidence (stage 4) Argument (stage 5) The award (stage 6) C: ASSESSING EVIDENCE AND DRAFTING AN AWARD Assessing evidence and drafting an award Assessing evidence Background facts Summary of evidence Analysing evidence D: HOW TO APPROACH PROCEDURAL FAIRNESS Introduction If there is no workplace disciplinary procedure If there is a workplace disciplinary procedures Disciplinary action against a trade union representative E: HOW TO APPROACH SUBSTANTIVE F AIRNESS Introduction Guidelines in cases of dismissal for Misconduct .)

ccma guidelines: misconduct arbitrations published by the commission for conciliation, mediation and arbitration in terms of section 115(2)(g) of the labour relations

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