Arbitration Hearing

[sterne.law@gmail.com]

The employee is the plaintiff and chooses the course of action.
The CCMA application is for a dismissal, therefore the not guilty charge, or a charge with reduced sanction is not in issue.
An employee could take a warning to the CCMA, and appeal that.

If a finding is made, and the employer then tries to hold another case or changes sanction, then the issues of double jeopardy comes to the fore.
Whilst the employee can appeal, the employer can not appeal to the CCMA.