Labour Court Proceedings Workshop
Gain a thorough knowledge of labour court procedure. Understand the requirements for successful review and interdict applications as well as retrenchments and discrimination actions. Learn how to navigate the complex maze of court procedure in launching and pursuing matters in the Labour Court. Acquire the skill to conduct these yourself, or evaluate the conduct of those representing you and provide proper strategic instructions
- Introduction
- Jurisdiction: CCMA, bargaining councils and the Labour Court
- Civil Procedures in the Labour Court
- Difference between trial and application procedures
- Trial (referrals) procedure – rule 6
- Pre-trial conference – rule 4
- Applications (motion) procedures – rule 7 and 7a
- Application (motion) procedure
- Court manners
- Urgent applications and Interdicts
- Reviews
- Effect and legal status of arbitration awards
- Powers and duties of arbitrators under the LRA
- Sanctions in misconduct cases
- Review of certificates and jurisdictional rulings by conciliators and staying of arbitration proceedings
- Logical reasoning
- Appeals and reviews distinguished
- Review: arbitrations: section 145
- Reviews: carephone test
- Reviews: reasonableness test [Sidumo test]
- Case study: Sidumo
- The concept of reasonableness
- Reasonableness test: result-based test
- Omission of critical factors in a decision
- Decision in conflict with law and findings
- Flawed reasoning and inferences
- Circumstantial evidence
- Sanctions for dishonesty
- Jurisdictional issues
- May a review court raise review grounds which were not raised by the party seeking review?
- Review procedure
- Review terminology
- Reviews - heads of argument
Benita Whitcher is an admitted Attorney of the High Court and is presently a Senior Lecturer at UKZN and an Attorney at Brett Purdon Attorneys. She is also a Senior Arbitrator and Mediator for the South African Local Government Bargaining Council. Ms Whitcher was a former Senior Part-time Commissioner at the CCMA and has also sat numerous times as an Assessor in [the former] Labour Appeal Court.
Dates and venues
23 - 25 November 2011 - Durban, Elangeni Hotel
28 - 30 November 2011 - Cape Town, Capetonian Hotel
7 - 9 December 2011 - Johannesburg, Genesis Suites
The Fee
One delegate: R5 985 + VAT = R6 822.90
Three or more delegates: R5 386.50 + VAT = R6 140.61 per delegate