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SUBSTANTIVE FAIRNESS WORKSHOP

SUBSTANTIVE FAIRNESS WORKSHOP. 2008 Commissioners Indaba 19 – 21 st November 2008 Sun City, North West Province. Facilitators: Winnie Everett, Eleanor Hambridge Mapalo Tsatsimpe, Prince Kekana Scribes: Stephen Bana, Hlalele Molotsi. PURPOSE.

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SUBSTANTIVE FAIRNESS WORKSHOP

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  1. SUBSTANTIVE FAIRNESSWORKSHOP 2008 Commissioners Indaba 19 – 21st November 2008 Sun City, North West Province Facilitators: Winnie Everett, Eleanor Hambridge Mapalo Tsatsimpe, Prince Kekana Scribes: Stephen Bana, Hlalele Molotsi

  2. PURPOSE 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City 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.

  3. HOW TO APPROACH SUBSTANTIVE FAIRNESS- ITEM 7 of CODE 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • 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?

  4. EXISTENCE OF RULE? 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • PROOF THEREOF IN DISCIPLINARY CODE • IF NO DISCIPLINARY CODE, TO BE PROVEN • COMMON LAW RULES • JUDICIAL NOTICE

  5. WAS EMPLOYEE AWARE OF RULE? 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • If DISPUTED, to be PROVEN • Was DISCIPLINARY CODE made AVAILABLE? • PAST PRACTICE • REASONABLY EXPECTED to KNOW

  6. DID EMPLOYEE CONTRAVENE RULE? 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • IF DISPUTED, EVIDENCE MUST BE LED • IF JUSTIFIED OR NOT, TO BE ASSESSED UNDER VALIDITY OF RULE

  7. IS RULE VALID OR REASONABLE? 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • VALID- LAWFUL AND NOT CONTRA BONES MORES • REASONABLENESS- NOT WHETHER APPROPRIATE, BUT WHETHER REASONABLE

  8. IS DISMISSAL APPROPRIATE SANCTION? 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • CONTINUED EMPLOYMENT RELATIONSHIP INTOLERABLE • GRAVITY of CONTRAVENTION • FOR SERIOUS FORMS of MISCONDUCT ONLY • PROGRESSIVE DISCIPLINE • CIRCUMSTANCES OF CONTRAVENTION • DISCIPLINARY RECORD • PREVIOUS WARNINGS

  9. HAS RULE BEEN CONSISTENTLY APPLIED? 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • CONSISTENCY OVER TIME • CONSISTENCY BETWEEN EMPLOYEES

  10. REASONS FOR NOT DISMISSING 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City • EMPLOYEE CIRCUMSTANCES • NATURE of JOB • CIRCUMSTANCES of CONTRAVENTION

  11. SLIDE TITLE 2008 COMMISSIONERS INDABA 19 - 21 November 2008 Sun City Point 1 Point 2 Point 3 Point 4 Point 5

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