Sample: Consent to pre-dismissal arbitration

Date:

To: (employee’s name)

Alleged misconduct/consent to pre-dismissal arbitration

You are alleged to have committed the following misconduct:

[Describe allegations in a way that tells the employee clearly what he’s alleged to have done wrong]

[In the case of the example set out above the allegations would read as follows:

It’s alleged that on or about 30 May 2006 you falsely completed and presented a sick certificate to the company. It stated that you were unfit to work for the period 19 to 29 May 2006. The certificate purported to be signed by a medical practitioner after he examined you, but you never consulted the medical practitioner concerned and you weren’t in fact ill. Instead you made use of a sick certificate previously completed by the medical practitioner concernedand altered some of the wording and dates to suit your purpose – which was to claim paid sick leave for the period of your absence when you weren’t in fact sick.

The company wishes to hold a pre-dismissal arbitration to consider the allegations against you. You must indicate your consent if you’re prepared to agree to pre-dismissal arbitration. If you aren’t, a disciplinary hearing will be held. The pre-dismissal arbitration, if you agree to it, will be chaired by a CCMA commissioner and will be conducted like a CCMA arbitration. The outcome will be binding on both you and the company.

If you are prepared to agree to pre-dismissal arbitration, please sign a copy of this form and return it to [state the name of the person or designate a department, such as HR].

Yours faithfully

For ABC (Pty) Ltd

I, [insert name of employee],have read the allegations against me and consent to those allegations being dealt with at a pre-dismissal arbitration conducted by the CCMA.

…………………………….. (signature of employee)

…………………………….. (date)