In SEESA’s 18 year existence, we have assisted thousands of business owners to correctly execute their procedural responsibilities in terms of compliance with the Labour Relations Act. We have seen that one of the main causes for business owners losing a case at the Commission for Conciliation, Mediation and Arbitration (CCMA) or a Bargaining Council are that disciplinary procedures are not followed correctly.
When a case appears at the CCMA, it is judged according to 2 things: 1) procedural fairness and 2) substantive fairness.
Procedural fairness relates to a fair procedure being followed in terms of disciplinary actions and steps taken, from the original complaint to the disciplinary hearing. Before imposing the sanction of dismissal, the chairperson of a disciplinary hearing must ensure that a fair procedure has been followed.
The onus is on the employer to prove procedural fairness. To avoid losing a case at the CCMA merely on the grounds of precedural fairness, the employer typically needs an understanding of the latest South African labour legislation.
ProFile guides business owners in implementing each step of the disciplinary procedure according to the latest South African labour legislation, ensuring procedural fairness from the very first step in the procedure. When a case then comes to the CCMA, there will be no questioning the procedural fairness – increasing your chances of winning with 50% from the start.
Employers often follow the correct procedure, but due to human errors or poor record-keeping the relevant documentation may be lost/incorrectly completed and a case will be lost on a technicality. ProFile’s electronic record-keeping and prepopulation of documentation eliminates these errors to ensure employers are more protected than ever before.
“In our [SEESA’s] experience, employers lose CCMA cases largely due to incorrect and inconsistent procedures, where documents are issued incorrectly or going missing – ProFile addresses these issues.”
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