Conducting Conciliations & Arbitrations in the CCM

Module 1 : Introduction

• The Constitution and freedom of association
• The protection in terms of labour law

Module 2 : Defining a Trade Union

• Purpose of a Trade Union
• Role players in a Trade Union

Module 3 : Representativeness

• The rights of Trade Unions
• Can I prevent employees to join?
• Defining representativeness
• Principle of majoritarianism v plurality

Module 4 : Organisational Rights

• Access to the workplace
• Deduction of levies
• Time off for office bearers
• Shop stewards
• Disclosure of information

Module 5 : The majority Trade Union

• Shop stewards - How many may the Union have?
• Full time shop stewards
• Time off for shop stewards and office bearers
• Misconduct of shop stewards
• The role and function of shop stewards

Module 6 : Role of the Chairperson

• Right to establish a threshold
• Collective bargaining and collective agreements
• Consultation and negotiation
• Destructive collective behaviour
• Collective agreements and recognition agreements
• The duty to bargain - does it exist?
• Disputes

Module 7 : How to prepare for Union meetings

• The process of entering the workplace from recruitment to majority Union
• Preparation and strategy for meetings
• The negotiation process

Module 8 : Conflict resolution

• Main sources of conflict
• Assumptions and perceptions
• Positive and negative characteristics of conflict
• The impact of negative conflict on the relationship with the Union
• Techniques on identifying and managing conflict
• Do’s and don’ts of conflict management

Module 9 : Discipline

• Collecting evidence – sources of evidence
• Consulting witnesses and drafting statements for witnesses
• Unwilling witnesses, hostile witnesses and intimidation of witnesses.
• Different types of evidence and how to collect this evidence: affidavits, statements, documentary evidence, real evidence, voice recordings, video recordings, photographs etc.
• Admissibility, relevance and weight of evidence.
• Bundles of evidence – preparation and exchange.
• Preparation for the hearing – do’s and don’ts
• Opening and closing statements and the burden of proof.
• Leading evidence and cross examination.

Module 10 : Grievances and grievance procedures

• How to deal with grievances and grievance procedures

Module 11 : Overview of the CCMA

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Module 5 : Private arbitrations

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Module 1 : Introduction

• What is the CCMA?
• The Labour Court and Labour Appeal Court
• The ILO
• Bargaining Councils

Module 2 : Relevant sections of the LRA

• 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

Module 3 : Dispute procedures and path in terms of the LRA

• 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

Module 4 : CCMA rules and forms

• 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

Module 7 : Evidence on procedural and substantive fairness

• Disciplinary procedure
• Bias of the chairperson
• Suspension

Module 8 : Presenting or defending your case

• 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

Module 9 : Reviews

• Review requirements post Sidumo

Module 10 : Rescission

• When to apply and requirements  

Module 11 : Examples and exercises

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Module 12 : Practical role play

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