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Arbitration at the CCMA

Arbitration at the CCMA  

Overview

The scope of this course is to teach a person the arbitration procedures and criteria that the Commissioners are compelled to take into consideration when arbitrating.

This course will enable the learner to prepare for an arbitration taking into account the input in arbitration that the CCMA will seek from the learner and also the criteria on which such person will be judged by the CCMA and beyond.

Who Should Attend

  • HR & IR Personnel
  • Company Directors
  • Management
  • Supervisors
  • Unions

Price

R3800 Incl Vat (Per Person, Includes Manual)

PLEASE NOTE: Learnfast serves a full lunch during break as well as coffee, tea and biscuits as part at no extra cost. We also cater for special meals.

Duration

1 Day (08:30 – 16:00)

Skill Level

  • Beginners

Our myWay Learning Methods

Our innovative "myWay” learning methodology is built around the students individual learning requirement, allowing each student to learn in a style that is most suitable for their skills set, knowledge and schedule.

Instructor-Led Classes

Reach your full potential through our “myWay Instructor-Led” classes combined with interactive lessons, supporting video content, practical assignments and in field experience. We deliver instructor led classes full time, part-time, weekends and onsite.

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Mentored Learning

The "myWay Mentored Learning” was created in response for more flexible learning schedules and focused content. It allows each student to progress in a manner that is most suitable for their skills set, knowledge and schedule that a fixed, lecture based approach does not allow for. You will be mentored on a one to one basis by a subject matter expert with continues practical exposure and focus on problem areas, allowing you to progress at your own pace and deciding what content requires more or less time.

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Distance Learning

Do a course at your own pace via our “myWay Distance Learning”. We have re-defined studying via online by combining self-study with supported interactive online video lectures, extra resources, questionnaires and much more, all supported via out Online Student Portal. You will get a course coach and lecturer assigned to you so that you never feel alone and have support whenever you need. Your coach will look after you and your study health, encouraging you to progress constantly.

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Important Notes

  • Students are to be at the training venue by 08h00 in preparation for a 08h30 start time.
  • Learnfast retains the right to change this calendar without any notification.
  • Bookings are only confirmed upon receipt of the proof of payment or an official company purchase order for the full amount of the training.
  • For full day courses Learnfast will supply you with the relevant training material. A desktop computer to use for the training (where applicable), tea/coffee and a full lunch for full day InClass training hosted at Learnfast only. Catering is not included for OnSite training and laptop is available for hire at an additional cost if required.
  • Cancellation or rescheduling requests must be in writing and reach us via fax or email at least 5 (five) working days prior to the course commencement date. Full course fees may be retained for no shows or requests within 5 working days prior to commencement.
  • Although we go to great lengths to ensure that all training proceeds as scheduled, Learnfast reserves the right to cancel or postpone dates if we require to do so and undertake to inform clients in writing and telephonically of these changes.
  • Learnfast suggests clients wait until a week prior to course commencement that a course has been confirmed to go ahead as scheduled before booking flight and accommodation. Learnfast is NOT responsible for cost associated with cancellation of classes such as flight and accommodation for clients.

The guidelines

  • Purpose
  • Interpretation of the law

 

How to conduct arbitration proceedings

  • Deciding on the manner of conducting an arbitration
  • Nature of an arbitration
  • Preparation and introduction (stage 1)
  • Preliminary issues (stage 2)
  • Narrowing the issues in dispute (stage3)
  • Hearing of evidence (Stage 4)
  • Argument (Stage5)

 

Assessing evidence and drafting an award

  • The award

 

Assessing evidence

  • Background facts
  • Summary of evidence
  • Analysing evidence

 

How to approach procedural fairness

  • Introduction
  • If there is no workplace disciplinary procedure
  • If there is workplace disciplinary procedures
  • Collective agreements
  • Contractually binding procedure
  • Employer imposed procedures

 

Representation

  • Disciplinary action against a trade union representative

 

How to approach substantive fairness

  • Guidelines in cases of dismissal for misconduct
  • The Rule or standard
  • Appropriate sanction
  • Progressive discipline
  • Reasons for not dismissing
  • Employees circumstances
  • Nature of the job
  • Circumstances of contravention

 

How to approach remedies

  • Choosing a remedy for substantively unfair dismissals
  • Reinstating an employee
  • Ordering re-employment
  • Issues to consider in ordering reinstatement or re-employment
  • Awarding compensation
  • Compensation for substantively unfair dismissals
  • Compensation for procedurally unfair dismissals
  • Costs awards

Amounts payable in terms of section 74 of the Basic Conditions of Employment Act 75 of 1997

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