CCMA - Conducting Conciliations & Arbitrations
Details
Outline
• What is the CCMA?
• The Labour Court and Labour Appeal Court
• The ILO
• Bargaining Councils
• Defining the employment relationship
• Rights and mutual interest disputes
• Unfair dismissal and unfair labour practices
• Code of conduct on dismissal
• Disputes to be referred to the CCMA and Labour Court
• Disputes to be referred to arbitration
• Limitation on compensation
• Referral of disputes
• Conciliations
• Con-arb in terms of section 191(5)A
• Certificate of outcome
• Request for arbitration
• Arbitration and the LRA
• Pre dismissal arbitration
• Applications – rule 31
• Application for condonation – rule 12
• Serving and filing of documents
• Calculation of time periods
• Subpoenas and witness fees
• Objections to the same commissioner and
• Application for a senior commissioner
• Joining and substituting parties
• Taxation
• Objections to jurisdictions
• Representation and appearance during proceedings
• Settlement at conciliations or arbitrations
• Effect of arbitrations award
• Applications to certify award
• Postponements
• Applications for costs, cost orders and taxation
• Disclosure of information
Module 6 : Arbitration: preparation and presentation
• Attending conciliation
• Settlement during conciliation and arbitration
• Preparation for arbitration
• Planning the case
• Consultations
• Collecting evidence – sources of evidence
• Preparing witnesses
• Bundles of evidence
• Pre arbitration conference
• Applications and points in limine
• Disciplinary procedure
• Bias of the chairperson
• Suspension
• The role players
• Opening and closing statements
• Evidentiary burden
• Absolution of the instance
• Different types of evidence and how to present it
• Written statements and affidavits
• Probative material – different types, admissibility, relevance and weight
• Leading, cross-examining witnesses
• Presenting and evaluating evidence
• Postponements and part-heard matters
• Specific evidence: hearsay evidence
• Polygraph testing, alcohol and drug tests,
• Traps, confessions, admissions,
• Direct and circumstantial evidence, privileged evidence, expert evidence, opinion evidence, similar fact evidence, character evidence
• Review requirements post Sidumo
Module 10 : Rescission• When to apply and requirements
Module 11 : Examples and exercisesModule 12 : Practical role play
Speaker/s
Labour Smart provides a one stop service for South African labour and employment law practitioners. We specialise in public training, in-house training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the Labour Relations and Basic Conditions of Employment Acts, arbitrations and Labour Court matters.
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