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.

  1. Introduction
  2. Overview of dispute resolution
    • The different methods of dispute resolution
    • Dispute system in the labour relations act
  3. Introduction to conciliation and arbitration
    • What is conciliation and arbitration?
    • Difference between conciliation and arbitration
  4. 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
  5. 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
  6. Unfair labour practice
    • What constitutes an unfair labour practice
    • Elements of a fair promotion
  7. 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
  8. 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
  9. The conciliation hearing
    • Preparing for conciliation
    • Key skills in conciliation
    • Settlement agreements
  10. 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
  11. After the hearing
    • Award
    • Implementation of award
    • Errors and clarifications
    • Review of awards
  12. 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