How to win an unfair dismissal case at the CCMA / Bargaining Council

1 Day interactive online course

25 August 2022 (09:00 - 16:00) Interactive Online Course

 Online registration - Click here

Email registration - download booking form for 25 August 2022 Interactive Online Course

Course content

Module 1: Functions and jurisdiction of the CCMA 

• Functions
• Jurisdiction

Module 2: Bargaining Councils

Module 3: The dispute resolution process 

• Automatically unfair dismissals
• Misconduct and incapacity dismissals
• Operational requirements dismissals

Module 4: Serving and filing documents 

• How to contact the Commission and calculate time periods
• How to serve and file documents
• How to apply for condonation for documents delivered late

Module 5: Conciliation 

• What is conciliation?
• How to refer a dispute to the CCMA
• When the dispute must be referred
• Service of documents
• Notice and of conciliation
• Representation
• What happens if a party fails to attend or is not represented at conciliation?
• Functions and obligations of the commissioner at conciliation
• Conciliation proceedings may not be disclosed
• How to determine whether a commissioner may conciliate a dispute
• Extension of conciliation period
• Methods that commissioners use to break a deadlock
• The certificate of outcome

Module 6: Con-arb 

• What is a con-arb?
• What notice must be given of a con-arb hearing?
• How to object against a con-arb?
• The procedure which is to be followed when there is an objection
• The procedure to be followed when there is no objection

Module 7: Arbitration 

• What is the nature of an arbitration and when may an arbitration be conducted?
• How does a party request the CCMA to arbitrate a dispute?
• What notice must be given of the arbitration hearing?
• How to postpone an arbitration

Module 8: The pre-arbitration conference 

• What should be considered at a pre-arbitration conference
• When should a pre-arbitration conference be held?

Module 9: Other procedures 

• How to join or substitute parties to proceedings
• How to correct the citation of a party
• When the Commissioner may consolidate disputes
• Disclosure of documents
• What happens if a party fails to attend arbitration proceedings
• How to have a subpoena issued
• Expert witnesses
• Witness fees and travel and subsistence expenses
• Cost orders in an arbitration

Module 10: Preparing for arbitration 

• Disclosure of documents
• Gathering of information
• Determine the onus of proof
• Consider the evidence: types and admissibility
• Identify and preparing your witnesses
• Examine the merits of your case
• Preparing a bundle of documents

Module 11: Arbitration – presenting your case 

• Representation
• Settlement agreements
• Preliminary and interlocutory applications
• Narrowing the issues in dispute
• Opening statements
• Evidence-in-chief/examination-in-chief
• Cross-examination
• Re-examination
• How to deal with the hostile witness
• Closing arguments

Module 12: Rescissions and variations 

• How to apply for a rescission of the award or ruling

Module 13: Enforcement of settlement agreements and arbitration awards

Purpose of the course: 

The purpose of the course is to provide training of a practical nature for party representatives in arbitration. The training will focus on conciliation, con/arb and arbitration, with emphasis on the Rules for the conduct of proceedings before the CCMA.

Upon completion of the course delegates will be able to: 

• identify the issue in dispute
• present their cases at the CCMA or Bargaining Council
• lead evidence
• compile a bundle of documents and introduce the documents into evidence
• cross examine and re-examine witnesses.

The course will be useful for: 

• HR practitioners
• Labour consultants
• Officials and members of employers’ organisations
• Union officials and representatives
• Labour lawyers

Price:  

• Price per delegate: Interactive Online Course R 2440-00 
• Price includes course material and certificates.

For further information contact:

• Hanlie or Peraldo (012) 661 3208 or (012) 661 1411
• Email [email protected] or [email protected]

 Online registration - Click here

Email registration - download booking form for 25 August 2022 Interactive Online Course