Chapter 47 – Arbitrator’s Analysis of Evidence

24 April 2024
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 |  Discipline and dispute resolution, MODULE 8 - MANAGING MISCONDUCT & DISMISSAL

Chapter 47 – Arbitrator’s Analysis of Evidence and Subsequent Award In this chapter, chapter 47, we look at the Arbitrator’s finding of our hypothetical company, Good Heavens Airlines and how it presented its case at arbitration. Based on the evidence presented, the Respondent, Good Heavens Airlines, provides no valid justification for its failure to dismiss […]

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Chapter 46 – Preparation for Arbitration

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Chapter 46 – Preparation for Arbitration The law is highly complex and confusing; arbitrators are unpredictable; the opposing party is likely to come up with surprises; and your own witnesses can sometimes say things that damage your case. Because of these factors, it is vitally important to prepare thoroughly for arbitration. One of the most […]

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Chapter 45 – Substantive Fairness

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Chapter 45 – Substantive Fairness Substantive fairness relates purely to whether there was a fair reason for the dismissal. Thus, the term ‘substantive fairness’ does not refer to the procedure, manner or process of dismissal – but rather, it refers to the substance of the decision to dismiss. The law requires dismissed employees to prove, at […]

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Chapter 44 – Procedural Fairness

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Chapter 44 – Procedural Fairness Procedural fairness relates to the process that is used to discipline and/or dismiss an employee. These processes or procedures include: the giving of prior warnings, as well as the way in which the employee is given the opportunity to answer to the charges. If these procedures are deemed to be […]

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Chapter 43 – Impartiality of the Presiding Officer

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Chapter 43 – Impartiality of the Presiding Officer The law requires that, where a disciplinary hearing is held, the presiding officer must be impartial. However, this does not mean that the employer and accused employee must agree on who the presiding officer will be. An impartial presiding officer is a hearing chairperson who hears all […]

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Chapter 42 – Evidence, Witnesses and Proof

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Chapter 42 – Evidence, Witnesses and Proof The complainant cannot bring a valid case against an employee at a disciplinary hearing before he or she is fully prepared. While the holding of a formal hearing is not compulsory, it is the best way to present evidence. In order to be convincing, the complainant must have […]

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Chapter 41 – Investigation and Preparation

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Chapter 41 – Investigation and Preparation It is important for the employer to understand what is meant by the concept of “investigation”. Investigation, in this context, entails the employer’s search for and collection of the facts surrounding the allegations made against an employee. Accused employees are entitled to conduct their own investigation and the employer […]

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Chapter 40 – Conduct at Arbitration Hearings

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Chapter 40 – Conduct at Arbitration Hearings The purpose of an arbitration hearing is for a neutral official (that is, the arbitrator) to hear the facts and decide whether the dismissal or another action was fair or unfair. As such, the employer and employee will not be doing themselves a disservice by losing control of their […]

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