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How to prepare for unfair dismissal disputes/cases at the CCMA/Bargaining Council

(2 Day Workshop)

 

 

20 & 21 June 2019: Tsogo Sun: Century City (Canal Walk): Cape Town

 

 

Online booking form

 

Click here to download registration forms for 20 & 21 June 2019: Tsogo Sun: Century City (Canal Walk): Cape Town

 

 

 

Module 1: Functions, jurisdiction and powers of the CCMA/ Bargaining Councils

 

Module 2: The dispute resolution process

  • Automatically unfair dismissals
  • Misconduct and incapacity dismissals
  • Operational requirements dismissals
  • Unfair labour practice

 

Module 3: Serving and filing of documents

  • How to calculate time periods
  • How to serve documents on other parties
  • How to apply for condonation for documents delivered late

 

Module 4: Conciliation

  • How to refer a dispute to the CCMA
  • Date of Dismissal
  • What notice must be given of the conciliation meeting
  • Representation
  • What happens if a party fails to attend or is not represented at conciliation
  • Functions and obligations of the commissioner at conciliation
  • How to determine whether a commissioner may conciliate a dispute
  • Disclosure of documents
  • Methods that commissioners use to break the deadlock
  • The certificate of outcome

 

Module 5: Con/ arb

  • What is a con/arb
  • What notice must be given for a con-arb hearing
  • How to object against a con/arb
  • The procedure which is to be followed when there is an objection
  • The procedure to be followed when there is no objection

 

Module 6: Arbitration

  • What is the nature of an arbitration and when may an arbitration be conducted?
  • How does a party request the CCMA to arbitrate a dispute?
  • What notice must be given of the arbitration hearing?
  • How to postpone an arbitration

 

Module 7: The Pre Arbitration conference

  • What should be considered at a pre-arbitration conference
  • When should a pre-arbitration conference be held?

 

Module 8: Other Procedures

  • How to join or substitute parties to proceedings
  • How to correct the citation of a party
  • When the Commissioner may consolidate disputes
  • How to have a subpoena issued
  • Expert witnesses
  • Witness fees and travel and subsistence expenses
  • Cost orders in an arbitration

 

Module 9: Preparing for arbitration

  • Gathering of information
  • Determine the onus of proof
  • Consider the evidence: types and admissibility
  • Identify and preparing your witnesses
  • Examine the merits of your case
  • Preparing a bundle of documents

 

Module 10: Arbitration – presenting your case

  • Representation
  • Settlement agreements
  • Preliminary and interlocutory applications
  • Narrowing the issues in dispute
  • Opening statements
  • Evidence-in-chief/examination-in-chief
  • Cross-examination
  • Do’s and don’ts when cross-examining witnesses
  • Re-examination
  • How to deal with the hostile witness
  • Closing arguments

 

Module 11: Rescissions and variations

  • How to apply for a rescission of the award or ruling

 

Module 12: Enforcement of settlement agreements and arbitration awards

 

Who Should Attend

The workshop is aimed at all users of the CCMA and Bargaining Councils including –

 

  • Union officials and shop stewards
  • Employer organisations
  • Officials and HR / IR managers
  • Anyone that represent their companies at the CCMA/ Bargaining Councils
  • Business owners

 

Price:

  • R 5990-00 (incl. Vat) per delegate
  • Price include course material, certificates of attendance, & catering/ refreshments
  • Safe and secure parking

 

 

For further information contact:

  • Hanlie or Peraldo (012) 661 3208
  • or

 

 

Online booking form

 

Click here to download registration forms for 20 & 21 June 2019: Tsogo Sun: Century City (Canal Walk): Cape Town

 

 

 
 
 
 
 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

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