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ARTICLE · 19 MAY 2020

Appointing A Third-Party Arbitrator Before Resorting To Dismissal

SchoemanLaw Inc.
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Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA).

South AfricaEmployment and HR
Schoemanlaw Inc.
Schoemanlaw Inc.

Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA). Referral often happens where a decision has already been made relating to either an alleged unfair dismissal or issues of capacity. However, not many Employers are aware of the option whereby a dispute is referred to the CCMA, or an otherwise accredited third-party Arbitrator before a decision leading to the above is made.

S188A of the Labour Relations Act (the 'Act') sets out the provisions relating to an Agreement for Pre-Dismissal Arbitration but what exactly is this and when will it become useful?

The Process

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