2008 Commissioners Indaba 19 – 21 st 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 2008 COMMISSIONERS INDABA 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.

HOW TO APPROACH SUBSTANTIVE FAIRNESS- ITEM 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 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 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 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 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 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 November 2008 Sun City

HAS RULE BEEN CONSISTENTLY APPLIED?  CONSISTENCY OVER TIME  CONSISTENCY BETWEEN EMPLOYEES 2008 COMMISSIONERS INDABA November 2008 Sun City

REASONS FOR NOT DISMISSING  EMPLOYEE CIRCUMSTANCES  NATURE of JOB  CIRCUMSTANCES of CONTRAVENTION 2008 COMMISSIONERS INDABA November 2008 Sun City

SLIDE TITLE Point 1 Point 2 Point 3 Point 4 Point COMMISSIONERS INDABA November 2008 Sun City