Conducting Conciliations & Arbitrations in the CCMA

Module 1 : DL17/2 - Conducting Conciliations & Arbitrations in the CCMA

DL17: Conducting Conciliations & Arbitrations in the CCMA

All employers are taken to the CCMA at one stage or another. Many cases have been lost by employers and employees, union representatives or even attorneys because the case has not been presented properly. The CCMA is a creature of statute and the practitioner needs a sound knowledge of how a conciliation and arbitration process in the CCMA and bargaining councils work to achieve optimum success.

This one-and-a-half-day workshop covering all the theory as set out in the labour relations Act, with relation to the mediation, conciliation and arbitration processes conducted in the CCMA.

Module 1 Session 1: Introduction

• Introduction
• The CCMA
• Bargaining Councils
• The Labour Court
• Labour Appeal Court
• The ILO
• The Labour Relations Act
• Rights and mutual interest disputes
• Code of Good Practice: Dismissal
• Unfair dismissal
• Disputes to be referred to the CCMA and Labour Court
• Remedies
• Limitation on compensation
• Unfair labour practices

Module 1 Session 2: Dispute procedures

• Conciliations
• Certificate of outcome
• Con-arb
• Request for arbitration
• Arbitration
• Powers of commissioners
• Pre dismissal arbitration

Module 1 Session 3: Overview of CCMA rules

• How to contact the Commission
• When are the offices of the CCMA open?
• Calculation of time periods
• Serving and filing of documents
• How to seek condonation
• When must the Commission notify parties of conciliation?
• What happens if a party fails to attend conciliation?
• How to determine whether a Commissioner may conciliate
• Extension of conciliation period
• When the parties must hold a pre-arbitration conference
• Postponement
• Where a conciliation or arbitration must take place
• Representation before the Commission
• Disclosure of documents
• How to bring an application
• How to apply for picketing rules or the determination of disputes related thereto
• How to have a subpoena issued and served
• Recording of proceedings

Payment of an arbitration fee in terms of Section 140 of the Act

Module 2 : DL17/2 - Conducting Conciliations & Arbitrations in the CCMA

Module 2 Session 1: Arbitration: Preparation

• Preparation for arbitration
• The disciplinary hearing
• Sources of evidence
• Witnesses
• Documentary evidence
• Preparation for arbitration
• Real evidence
• Electronic evidence
• Inspection in loco
• Access to dismissed employee
• Bundle of evidence
• Preparation for arbitration
• Pre arbitration conference
• Research
• Interlocutory applications
• Final preparation
• Final preparation with Witnesses
• Strategising – best evidence
• Prepare opening statements
• Prepare closing statement

Module 2 Session 2: Arbitration: Presenting your case

• Starting the proceedings
• Attendance of witnesses
• Final opportunity to settle
• Submitting and recording the minutes of pre-arbitration meeting
• Opening statements
• Evidence in chief
• Cross examination
• Re-examination
• Closing argument

Module 2 Session 3: Arbitration: Presenting your case

• Specific evidence
• Inspection in loco
• Character evidence
• Similar fact evidence
• Opinion evidence
• Expert evidence
• Previous consistent statements
• Hearsay evidence
• Privileged evidence
• Illegally obtained evidence
• Direct and circumstantial evidence
• Cautionary rule
• Admissions
• Confessions
• Polygraph tests