Transcript Slide 1

2008 Commissioners Indaba
19 – 21st November 2008
Sun City, North West Province
SUBSTANTIVE FAIRNESS
WORKSHOP
Facilitators: Winnie Everett, Eleanor Hambridge
Mapalo Tsatsimpe, Prince Kekana
Scribes: Stephen Bana, Hlalele Molotsi
PURPOSE
The intention of this workshop is to give
Commissioners a final opportunity to consider the
draft Arbitration Guidelines that have been
prepared , and to make any additional input before
the final Arbitration Guidelines are prepared and
presented to the Governing Body for approval
before being published in the Government Gazette.
All input will be forwarded to the drafting team.
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
HOW TO APPROACH
SUBSTANTIVE FAIRNESSITEM 7 of CODE
 IS THERE A RULE?
 WAS EMPLOYEE AWARE OF RULE?
 DID EMPLOYEE CONTRAVENE RULE?
 IS RULE VALID OR REASONABLE?
 WAS RULE CONSISTENTLY APPLIED?
 IS DISMISSAL APPROPRIATE SANCTION?
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
EXISTENCE OF RULE?
 PROOF THEREOF IN DISCIPLINARY CODE
 IF NO DISCIPLINARY CODE, TO BE PROVEN
 COMMON LAW RULES
 JUDICIAL NOTICE
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
WAS EMPLOYEE AWARE OF
RULE?
 If DISPUTED, to be PROVEN
 Was DISCIPLINARY CODE made AVAILABLE?
 PAST PRACTICE
 REASONABLY EXPECTED to KNOW
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
DID EMPLOYEE CONTRAVENE
RULE?

IF DISPUTED, EVIDENCE MUST BE LED
 IF JUSTIFIED OR NOT, TO BE ASSESSED
UNDER VALIDITY OF RULE
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
IS RULE VALID OR
REASONABLE?
 VALID- LAWFUL AND NOT CONTRA BONES
MORES
 REASONABLENESS- NOT WHETHER
APPROPRIATE, BUT WHETHER REASONABLE
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
IS DISMISSAL APPROPRIATE
SANCTION?
 CONTINUED EMPLOYMENT RELATIONSHIP
INTOLERABLE
 GRAVITY of CONTRAVENTION
 FOR SERIOUS FORMS of MISCONDUCT ONLY
 PROGRESSIVE DISCIPLINE
 CIRCUMSTANCES OF CONTRAVENTION
 DISCIPLINARY RECORD
 PREVIOUS WARNINGS
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
HAS RULE BEEN
CONSISTENTLY APPLIED?
 CONSISTENCY OVER TIME
 CONSISTENCY BETWEEN EMPLOYEES
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
REASONS FOR NOT
DISMISSING
 EMPLOYEE CIRCUMSTANCES
 NATURE of JOB
 CIRCUMSTANCES of CONTRAVENTION
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City
SLIDE TITLE
 Point 1
 Point 2
 Point 3
 Point 4
 Point 5
2008 COMMISSIONERS INDABA
19 - 21 November 2008 Sun City