Navigating CCMA, Arbitration and Labour Disputes Masterclass

South African labour legislation is characterised by its reliance and promotion of alternative dispute resolution. This is embedded in its dispute resolution mechanisms. As an employer, employee, HR practitioner, Union representative and legal representative, the importance of knowing how to navigate this space is paramount.

This one-day masterclass is designed to take the participants through the available dispute resolution mechanisms within the labour legislation present in South Africa. It provides an overview of the CCMA process, arbitration as a form of dispute resolution and other forms of dispute resolution processes such as conciliation, facilitation and more. It unpacks the granular and practical steps required in preparing to present at the CCMA, bargaining councils and private agencies.

Points covered

1. Overview of dispute resolution within labour statutes
2. Disputes unpacked
   • Types of labour disputes
   • The pathway of disputes
   • Dispute resolution processes
3. The law of dismissal
   • Procedural and substantive procedures
   • Referrals for unfair dismissals at the CCMA, Bargaining Councils or Private Agencies
4. Preparing for conciliation
5. Preparing for arbitration
   • Understanding the process and onus
   • Assessing your case and determining strategy and evidence
   • Selecting and preparing witnesses
   • Purpose and preparing of opening statements
   • Preparing a bundle of documents
   • The players and their roles in arbitration
   • Pre-arbitration meeting
6. Arbitration proceedings
   • The arbitration process
   • Preliminary issues
   • Preparing opening statements
   • Presenting evidence (includes examination and cross examination of witnesses)
   • Closing arguments
7. Law of evidence
   • Basic rules of evidence
   • Types of evidence
   • Determining admissibility
   • Credibility of witnesses
   • Burden of proof
8. The arbitration outcome
   • How arbitrator’s make decisions
   • Challenges the parties face

What will you learn and walk away with

• Understanding the dispute resolution processes in labour statutes in South Africa
• Identifying the types of labour disputes, pathways and processes
• Clear framework of the law of dismissal and law of evidence
• Practical and applicable tools for preparing for arbitration at the CCMA, bargaining councils and private agencies
• An opportunity to determine strategy when approaching labour disputes

Who Should Attend

• Industrial Relations (IR) and Employee Relations (ER) practitioners
• HR professionals involved in disputes, grievances and disciplinary processes
• Line managers handling workplace conflict or performance matters
• Union representatives and organisational shop stewards
• Legal support staff involved in CCMA or Bargaining Council matters
• Operational leaders wanting a practical working knowledge of dispute resolution