Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Guidelines on Misconduct Arbitration

D: How to Approach Procedural Fairness

Introduction
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(58)When arbitrators decide whether a dismissal was procedurally fair, they must have regard to Item 4 of Schedule 8 to the LRA (the Code of Good Practice: Dismissal). If there is a workplace disciplinary procedure in place, an arbitrator must have regard to that procedure. The arbitrator's approach to the procedural fairness of a dismissal will be determined by the existence of a workplace procedure and the legal status of that procedure.