(also known as Disciplinary and Performance Arbitrations or an Inquiry by an Arbitrator)

This is a process introduced by the 2002 amendments to the Labour Relations Act (Section 188A). Here a final and binding arbitration is held at the disciplinary enquiry stage by consent of the parties. An external arbitrator is used. If the statutory route is taken, the CCMA will allocate a commissioner to hold the process at a stipulated cost. However, parties can also take the private route, and request an agreed independent arbitrator to hold the arbitration at the disciplinary enquiry stage. The outcome is final and binding, (subject only to review).  If the private Pre-Dismissal Arbitration route is taken, an arbitration agreement would need to be signed.

For a standard private pre-dismissal arbitration agreement, please click here.

To request a pre-dismissal arbitration, click here.