The CCMA's New Guidelines For Misconduct Arbitrations - Part 1

introduction

1. The CCMA has during September 2011 published a document titled "Guidelines on Misconduct Arbitrations" ("the Guidelines"), which will become effective on 1 January 2012. The Guidelines have been 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, as contained in Section 33(1) of the South African Constitution.

2. This document inter alia contains detailed guidelines for the conduct of arbitration proceedings, for the evaluation of evidence, for the assessment of the procedural as well as the substantive fairness of a dismissal, and for the determination of an appropriate remedy for a dismissal that is found to have been unfair.