Conciliation and Arbitration Workshop
External dispute resolution can be a nightmare for those not familiar with presenting an effective case before an arbitrator. This course ensures that delegates have a thorough knowledge of what is needed to succeed in their case at both the substantive and procedural level. An in-depth role play provides delegates with an opportunity to put their knowledge into practice.
- Introduction
- Overview of dispute resolution
- The different methods of dispute resolution
- Dispute system in the labour relations act
- Introduction to conciliation and arbitration
- What is conciliation and arbitration?
- Difference between conciliation and arbitration
- Legislative framework
- Different types of disputes
- Different forums
- Pre-dismissal arbitration: Section 188A
- The con-arb process
- The Labour Relations Act and CCMA rules
- Bargaining council procedures
- 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 of a fair promotion
- Misconduct
- The Labour Relations Act
- The Code of Good Practice: Dismissal
- Internal disciplinary codes and procedures
- The procedure for disciplinary enquiries
- Fair reason
- Sanction
- Case studies
- Preparing for conciliation and arbitration
- Overview: gathering of facts
- Taking statements
- Documents
- Strategising your case
- Choosing the evidence to be presented at the arbitration
- Preparing a bundle of documents
- Pre-arbitration meetings
- The duty to start
- Precognising 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
- Closing statements
- After the hearing
- Award
- Implementation of award
- Errors and clarifications
- Review of awards
- Conciliation and arbitration roleplay
We have a panel of carefully selected trainers all of whom are legally qualified, have many years of experience as trainers and are often arbitrators/and or commissioners of the CCMA. Their extensive experience enables them to respond to ad hoc queries from delegates in a practical and empowering manner and is one of the factors which set us apart from the competition. Regular presenters include:
Richard Lyster
Richard Lyster has practiced as an attorney in Durban for the past 20 years specialising in human rights and labour law.He was a commissioner of the SA Truth and reconciliation Commission and served two terms as a judge of the Labour Court in 2000. He is a senior part-time CCMA commissioner, and serves on the arbitration panels of a number of bargaining councils.
Heinrich Bohmke has been a senior trainer and course developer for CBA training for the past 10 years. Prior to this he lectured at Vista University and worked in a distinguished labour law firm for five years. He was also the legal training officer of a major trade union, conducting litigation and providing strategic advice in a number of significant matters.
Dates and Venues
16-18 November – Johannesburg, Genesis Suites
16-18 November - East London, Regent Hotel
16-18 November – Durban, Suncoast
23-25 November – Bloemfontein, Windmill Casino
23-25 November – Nelspruit, Winkler Hotel
23-25 November – Cape Town, Capetonian Hotel
The fee
One delegate: R5 985 + VAT = R6 822.90
Three or more delegates: R5 386.50 + VAT = R6 140.61 per delegate