Overview

In September 2011, the Commission for Conciliation, Mediation and Arbitration published Guidelines on Misconduct Arbitrations, effective from 1 January 2012. The guidelines were published with the purpose of promoting consistent decision-making by CCMA commissioners during arbitrations relating to dismissals for misconduct, and in order to give effect to the constitutional right to lawful, reasonable and procedurally fair administrative action.

The guidelines re-affirm that the arbitration is a 'new hearing' - the arbitrator must decide afresh, based on the evidence before him, whether or not the dismissal was fair. In this article, ENS's Alex Ferreira provides an overview of the new guidelines and explains in detail how each of the new arbitration stages operate.

To read the full article, click 'View Briefing'.