Conciliation and Arbitration Skills

Cost: R3 450.00 excl. Vat

Duration: 3 Days

NQF Level: N/A | Credits: N/A

Unit Standard: N/A

Target Audience

Operational Managers, Heads of Department, Human Resources Practitioners and Business Owners

Course Overview

The objective of this workshop is to prepare delegates to serve as a conciliator of conflict and disputes in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency. This course will also assist delegates be able to interpret and apply the Arbitration Act, in dispute resolution, in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

This course will enable Learners to:

  • Prepare for a labour conciliation process in terms of South African labour legislation.
  • Conduct a conciliation process.
  • Identify and implement the different procedures of the conciliation and arbitration processes.
  • Evaluate the conciliation process and results.
  • Describe and explain definitions and matters that are subject to Arbitration in terms of the Act.
  • Explain the compelling nature of agreements in terms of the Act.
  • Explain and understand the scope and power, and the termination or setting aside of appointment, of the Arbitrator or umpire.
  • Explain the provisions of Arbitration Proceedings.
  • Explain the provisions of awards as set out in the Act

Learning assumed to be in place

  • Apply writing, listening and talking skills at least at NQF level 4

SETA Assessment of Competency (Optional)

  • No assessment available for this course.

Topics

1. Overview on Dispute Resolution
  • Different Methods of Dispute Resolution
  • Dispute Systems in the Labour Relations Act
2. Introduction to Conciliation and Arbitration
  • What is Conciliation and Arbitration
  • Difference between Conciliation and Arbitration
3. Legislative Framework
  • Different Types of Disputes
  • Different Types of Disputes Extracts from CCMA Statistics
  • Different Forums
  • Pre-Dismissal Arbitration: Section 188A
  • The Con-Arb Process: Exercise
  • The Labour Relations Act and CCMA Rules
  • Bargaining Council Procedures
  • Private Arbitration – The Arbitration Act
4. The Law of Evidence
  • What is Evidence?
  • Forms of Evidence
  • Status of Documents
  • Admissibility of Evidence
  • Alibi Evidence
  • The Onus
  • The Best Evidence Filter
5. Unfair Labour Practice
  • What Constitutes and Unfair Labour Practice
  • The Residual Unfair Labour Practice Provisions
  • Elements of a Fair Promotion
6. Misconduct
  • The Labour Relations Act
  • The Code of Good Practice: Dismissal
  • Internal Disciplinary Codes and Procedures
  • The Procedure for Disciplinary Enquiries
  • Fair Reason
  • Sanctions
7. Preparing for Conciliation and Arbitration
  • Overview: Gathering of Facts
  • Taking Statements
  • Taking Statements” Suggested Techniques
  • Case Study
  • Fair Reason
  • Preparation for Arbitration
  • Choosing the Evidence to be Presented at the Arbitration
  • Preparing a Bundle of Documents
  • Pre-Arbitration Meetings
  • The Duty to Start
  • Precognising Witnesses
  • Securing Attendance of Witnesses
  • In Camera Evidence
  • Preparing Opening Statements
  • Preparing Opening Statements: Suggestions on Technique
8. The Conciliation Hearing
  • Preparing for Conciliation
  • Key Skills in Conciliation
  • Settlement Agreements
9. The Arbitration Hearing
  • Overview of Arbitration
  • The nature of an Arbitration Hearing
  • Stages in Examination of a Witness
  • Evidence in Chief
  • Cross Examination of Witness
  • Re-Examination
  • Arbitrator’s Questions
  • Closing Statements
10. After the Hearing
  • Award
  • Implementation of an Award
  • Errors and Clarification
  • Review of Awards