Introduction
Course design
Domestic issues
Delegates’ objectives
Course objectives
Workshop outline
Methodology
Overview of Dispute Resolution
Overview of LRA Dispute System
Introduction to Conciliation and Arbitration
What is conciliation and arbitration?
Difference between conciliation and arbitration
Jurisdictional framework for conciliation and arbitration
Conciliation and arbitration in terms of the LRA
Pre-dismissal arbitration : Section 188A
Joint and separate conciliation and arbitration procedures
CCMA rules and the LRA
Processing dismissal disputes
The Law of Evidence
What is evidence?
Forms of evidence
Status of documents
Admissibility of evidence
Relevant and irrelevant evidence
What makes you believe a person is, or is not telling the truth?
Alibi evidence
The onus
The best evidence filter
Unfair Labour Practice
What constitutes an unfair labour practice
Elements on fair promotion
The Law of Unfair Dismissal
Law of Unfair Dismissal : framework
The meaning of “dismissal”
Automatically unfair dismissals
Misconduct dismissals
The procedure of disciplinary enquiries
Remedies for unfair dismissal
Preparing for Conciliation and Arbitration
Taking statements
Documents
Strategising your cases
Choosing the evidence to be presented at the arbitration
Preparing a bundle of documents : suggested technique
Pre-arbitration meetings : suggestions
The duty to start
Recognising witnesses
Securing attendance of witnesses
In camera evidence
Preparing opening statements
The Conciliation Hearing
Preparing for conciliation
Key skills in conciliation
Settlement agreements
The Arbitration Hearing
Overview of arbitration
Opening statements and narrowing of issues
The nature of an arbitration hearing
Stages in the examination of a witness
Evidence in chief
Cross examination of witnesses
Re-examination
Arbitrator’s questions
Closing statements
After the Hearing
Award
Implementation of award
Errors and clarification
Review of awards
Conciliation and Arbitration Role-Play