Conciliation and Arbitration Skills

Cost: R2 400.00 excl. Vat*

Duration: 2 Days

NQF Level: N/A | Credits: N/A

Unit Standard: N/A

*Cost based on Blended Learning Facilitation, traditional classroom interventions can be facilitated, upon request, at an additional cost

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