Operational Managers, Heads of Department, Human Resources Practitioners and Business Owners
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.
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
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
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
The Labour Relations Act
The Code of Good Practice: Dismissal
Internal Disciplinary Codes and Procedures
The Procedure for Disciplinary Enquiries
7. Preparing for Conciliation and Arbitration
Overview: Gathering of Facts
Taking Statements” Suggested Techniques
Preparation for Arbitration
Choosing the Evidence to be Presented at the Arbitration
Preparing a Bundle of Documents
The Duty to Start
Securing Attendance of Witnesses
In Camera Evidence
Preparing Opening Statements
Preparing Opening Statements: Suggestions on Technique