A Practical Guide to CCMA Proceedings

A Practical Guide to CCMA Proceedings

Cost: R4 450.00 excl. Vat Duration: 2 Days

NQF Level: 6 | Credits: 5

Unit Standard: 10985

Who should attend?

Operational Managers, 1st Level Management such as Supervisors and/or 2nd Level Management such as Heads of Department, Human Resource Development Practitioners and Business Owners.

Course Overview

A practical guide to CCMA Proceedings course is intended for all people who have to interpret and apply the CCMA rules and regulations in order to enable delegates to deal with the basic procedures followed by the CCMA in dealing with conciliations and arbitrations A strong focus is placed on the theory behind all the procedures to ensure that attendees understand the processes completely. This course was designed by a senior CCMA commissioner in the Eastern Cape.

This course will enable Learners to:

  • Demonstrate an understanding of the purpose and application of the CCMA Rules
  • Practice an understanding of the process for serving and filing documents and various applications filed in terms of the CCMA Rules
  • Demonstrate an understanding of the CCMA Rules pertaining to conciliation, con-arb, arbitration, pre-dismissal arbitration processes and certification of awards
  • Prepare an effective 'bundle' For an arbitration hearing
  • Prepare their evidence to conduct the company's case effectively
  • Understand the purpose and procedure of a pre-arbitration meeting
  • List and explain the arbitration process
  • Define and execute their role in the arbitration process
  • Prepare for in limine proceedings
  • Present the company's position in conciliation

Learning assumed to be in place

  • Mathematical Literacy at NQF Level 4
  • Communication at NQF Level 4.

SETA Assessment of Competency (Optional)

No Assessments available for this course.

Topics

1. Understanding the functions and duties of the CCMA
  • Mandatory functions
  • Discretionary functions
  • Providing advice
  • Issuing rules and guidelines
  • Training
  • Ballots
  • Duties as impose on the CCMA
  • Conciliation, mediation, arbitration, con-arb and facilitation
  • Conciliation – Section 135 of the LRA
  • Arbitration – Section 136 – 138 of the LRA
  • Con-Arb – Section 191 (5A) of the LRA
  • Facilitation
  • Duties of the CCMA as bestowed on CCMA Commissioners
  • Duties in terms of operational CCMA matters
  • Powers and jurisdiction of the CCMA
  • CCMA’s conciliation jurisdiction and powers
  • CCMA’s arbitration jurisdiction and powers
2. Other powers of the CCMA
  • The Purpose and application of the CCMA Rules
  • Purpose and application of the CCMA Rules
  • Reasoning behind the CCMA Rules
  • Overview of the structure of the CCMA Rules
  • Terminology used within the CCMA Rules
  • Representation within the CCMA
3. Process of serving and filing documents within the CCMA
  • How to contact the CCMA, official office hours, hours of filing
  • Computation of time as per CCMA Rules
  • Serving and filing of documents within the appropriate process in the CCMA
4. 1. Application of CCMA rules in terms of conciliations, con-arbs, arbitrations, pre-dismissal arbitrations (188A) processes and the certification of award(s) in terms of section 143 of the LRA
  • Application of CCMA rules in terms of conciliations
  • Application of CCMA rules in terms of Con-arbs
  • Settlement agreements in terms of CCMA proceedings
  • CCMA Rules for arbitration, pre-arbitration, request procedures, subpoenas and postponements
  • Jurisdiction of a commissioner to arbitrate a dispute
  • CCMA rules applied to pre-dismissal arbitration
  • CCMA rules applied to conciliations, arbitrations and con-arbs
  • Rescissions and variations
  • Enforcement of settlement agreements and arbitration awards
  • Referral of a dismissal dispute to the Labour Court
  • Taxation of bills of cost in terms of CCMA proceedings
  • CCMA Forms