Course Notes _ Dispute Resolution Crash Course: Complete Guide to the Labour Dispute Resolution Process

Module 1:

Introduction:

• Purpose.
• Overview of dispute resolution process & structure in South Africa.

Module 2:

The Employer & the Internal/External Labour Relationship:

• Internal/External Labour – Role & involvement.

Module 3:

Case Investigations & Procedural Fairness at Arbitration:

• Schedule 8: The Code of Good Practice.
• Procedural fairness & substantive fairness.
• Investigation as a process & workplace misconduct.
• Gathering of information, witnesses & statements.
• The notice of disciplinary hearing, charges & rights.
• Preparations & the disciplinary hearing process.
• Substantiating the information.
• Applying the facts & merits in the evaluation of evidence.
• The outcome of the disciplinary hearing & deciding on action.
• Taking action.
• The importance of a disciplinary code of conduct.

Module 4:

CCMA & Bargaining Council Processes & Procedures:

• Pre-Conciliation.
• Conciliation.
• Mediation.
• Con/Arb.
• Pre-Arbitration.
• Arbitration.
• In-Limine.
• Facilitation.
• Rescission/Variation.

Module 5:

Types of Disputes:

• Disputes as per the referral forms.
• Specific Bargaining Council disputes – Compliance, Enforcement & Demarcation disputes.
• Most commonly referred disputes.

Module 6:

Preparation for Cases & Timeline of a Dispute:

• Prior to the referral.
• The referral & notice of set down.
• The type of dispute referred & the process.
• Informing the Internal/External Labour Consultancy Company.
• The procedure after receiving the referral & notice of set down.
• First contact, mandate, progress & update.
• Preparation & planning for cases.
• Bundle preparations, documentation & evidence.
• Requesting documentation – Type of dispute & process.
• When & who must attend.
• Digital/In-person attendance of matters.
• Possible outcomes, settlement, & resolution.

Module 7:

Labour Law, Legislation & CCMA/ Bargaining Council Rules:

• Statutory Interpretation & its importance.
• Applicable & relevant Labour law & legislation.
• Precedent case law & its effect.

Module 8:

Legal Drafting:

• Drafting requirements in terms of the applicable Rules.
• Timeframes & time limits.
• Applications, oppositions & replies.
• General drafting.

Module 9:

Arbitration – Evidence & Witnesses:

• Introduction to Arbitration, Evidence, & Witnesses.
• Arbitration preparations.
• Requesting documentation & bundle preparations.
• Determining who is involved.
• Booking of witnesses & confirming attendance.
• Consultation of witnesses.
• The Arbitration as a process.
• The onus of proof.
• Witness statements, affidavits, & witness testimony.
• Tips & guidelines for witnesses – Considerations by Commissioners during witness testimony.
• Law of evidence – Witness testimony & introduction/corroboration of evidence.
• Non-admissible evidence: Examples & rationale why it is non-admissible.

Module 10:

Risk Assessment & Advice:

• Identifying risk & potential risk.
• Mandates.
• Risk mitigation.
• Proceeding with Arbitration despite the identified risk.

Module 11:

Outcome, Settlement & Resolution of Cases:

• Settlements, withdrawals, dismissals, and removal from the roll.
• Successful Arbitration awards.

Module 12:

Unsuccessful Arbitration Awards:

• Labour Court – Review procedure.
• Role & involvement of the Internal/External Labour Consultancy Company.

Conclusion:

Q&A Session:

• Q&A Session.