Mastering CCMA Arbitration: Advanced Skills for Effective Dispute Resolution

Often, employers lose both their time and money in arbitration awards at the CCMA cases that they could have easily won because they fail to prove their allegations before the arbitration hearing beyond any reasonable doubt. Some of the reasons why such winnable cases are lost include lack of evidence to convert into proof in support of their claims or inappropriate presentation thereof, and wrong approach to cross examination.

This course is therefore of paramount importance in assisting the company representatives with relevant legal advice at their fingertips to improve their handling of misconduct in the workplace and expose them to the skills of giving evidence that win cases at the CCMA. With role plays, real life case studies and practical exercises, delegates will also learn the importance of sound labour relations, with the spotlight on the new Labour Relations Amendment Act that came into effect on the 1^st of January 2015.

WHAT WILL YOU GAIN FROM ATTENDING?

• Reduced costs and time in pursuing legal proceedings
• Improved success rate of defending your cases according to acceptable procedures and policies under relevant labour legislation
• Better understanding of the processes used by the statute bodies and how labour law fits into the broader South African legal framework
• Enhanced confidence in presenting cases before the CCMA and disciplinary hearings
• Greater familiarity in terms of successfully preparing and presenting evidence
• Greater coordination among members of disciplinary committees and understand each party’s roles and responsibilities during the investigations and hearing stages
• An overview of disputes that are likely to arise in workplaces
• Guidelines of evidence needed for procedural and substantive fairness
• Evidence gathering, evaluating, strategizing and final preparation
• Interviewing, selecting and preparing witnesses
• Taking statements and preparing arguments
• Presenting and defending your case
• Approaching remedies for substantively unfair dismissals
• Issues to consider in ordering re-instatement or re-employment

You will also learn the following steps of preparing a case:

• Assessing the allegations to establish whether they have been brought in good faith or whether the accuser has a hidden agenda
• Investigating the circumstances of the alleged incident(s)
• Assessing the circumstances leading up to and surrounding the alleged incidents of misconduct
• Evaluating the evidence gathered in the investigation to establish whether it constitutes proof or not
• Formulating the charges to be brought against the accused at the disciplinary hearing
• Establishing who will present the evidence at the disciplinary or arbitration hearing
• Deciding which witnesses and other evidence will be used
• Preparing questions to be used to cross-examine the evidence brought by the accused
• Preparing a draft closing statement.