Employers, let me ask you a rhetorical question: Have you found the CCMA to be impartial in the handling of your case? 

It is not only advisable to being prepared but also to have a well-defined salary payment schedule of your employee that you can easily refer to. In my experience, the employee’s statement about their pay is taken as true, which can be costly if you are not prepared, and you may end up having to pay back-pay that has already been paid. 

Since it was my first experience, I relied on the process. When I asked about the fourth person in the room, I was told that it was an interpreter. The entire procedure was conducted in English. Did the Commissioner need the interpreter when she spoke to the employee separately during the arbitration? 

The influence of the interpreter could potentially influence the Commissioner’s decision. From the brief conversations I had while waiting for the Commissioner to speak to the employee, I could tell that other businesses were facing trying times. It is vital that all the necessary procedures and documentation are in order and if they are, you can still be found guilty, with the interpreter having to negotiate an additional payment. 

It can be a challenge for small businesses to remain successful when dealing with labour law and achieving sufficient turnover. The authorities can put up such big obstacles that they could force you to close your business. With MCCI members, we can at least discuss war stories and figure out how to support each other.