CCMA Guidelines On Misconduct Arbitrations: Part 5

introduction

This is the fifth, and final, article in a series of articles meant to advise litigants who may have to arbitrate before the CCMA after 1 January 2012, in the face of the new "Guidelines on Misconduct Arbitrations" ("the Guidelines") which were published by the CCMA during September 2011 and which became effective on 1 January 2012.

The purpose of this article is to examine those sections of the Guidelines which advise arbitrators on how to determine an appropriate remedy in arbitration proceedings relating to misconduct (once it has been determined that the dismissal in question was, in fact, unfair).

Arbitrators must determine an appropriate remedy within the scope of section 193 of the Labour Relations Act 66 of 1995 ("the LRA") and are obliged, in terms of the Guidelines, to provide reasons for the chosen remedy in an arbitration award.