Arbitration

The de novo principle in Arbitration proceedings

Commissioners are entitled to conduct arbitration hearings in a manner that they consider appropriate in order to determine a dispute before them fairly and expeditiously.   Section 138 of the Labour Relations Act 66 of 1995 stipulates that the commissioner can use his/her discretion as to the manner in which he/she would like to conduct [...]

2019-05-24T10:07:05+02:00May 24th, 2019|Arbitration|Comments Off on The de novo principle in Arbitration proceedings

What to know when presenting evidence at an arbitration

We often get asked whether it is necessary to bring a witness along for an arbitration when the employer has a written statement or audio recording from their witness. The short answer is yes. Failure to bring a witness to testify will amount to hearsay evidence and will bring very little to zero support to [...]

2019-05-10T09:41:14+02:00May 10th, 2019|Arbitration|Comments Off on What to know when presenting evidence at an arbitration

Burden of proof during arbitration proceedings dealing with dismissal cases

Ever wondered why the burden of proof shifts between the employer and the employee during dismissal arbitrations?   Section 192 of the Labour Relations Act No 66 of 1995 (as amended) stipulates the following: 1)         In any proceedings concerning any dismissal, the employee must establish the existence of the dismissal; 2)         If the existence of [...]

2019-03-15T09:55:21+02:00March 15th, 2019|Arbitration|Comments Off on Burden of proof during arbitration proceedings dealing with dismissal cases

Can claims for statutory money be dealt with in Arbitration proceedings before the CCMA?

An Arbitrator could previously only hear a matter i.t.o Section 74(2) of the Basic Conditions of Employment Act (BCEA) before the CCMA for any outstanding monies, if an employee had instituted proceedings for unfair dismissal and the claim had not yet prescribed.   This meant that if an employee had a claim for solely statutory [...]

2019-01-25T10:27:44+02:00January 25th, 2019|Arbitration|Comments Off on Can claims for statutory money be dealt with in Arbitration proceedings before the CCMA?

The Enforcement of Arbitration Awards

When a dispute has been referred to the CCMA or Bargaining Council, and the matter proceeds to an arbitration hearing, the Commissioner will proceed to make the appropriate ruling and issue an arbitration award, against either the Applicant or Respondent, depending on the facts of the dispute.   Section 143 of the LRA (Labour Relations [...]

2018-10-19T11:58:54+02:00July 6th, 2018|Arbitration|Comments Off on The Enforcement of Arbitration Awards

Abandonment of Arbitration Proceedings

Section 138 (5) of the Labour Relations Act (as amended) stipulates that: “If a party to the dispute fails to appear in person or to be represented at the arbitration proceedings, and that party - (a) had referred the dispute to the Commission, the commissioner may dismiss the matter; or (b) had not referred the [...]

2018-05-02T14:35:55+02:00May 2nd, 2018|Arbitration, General|Comments Off on Abandonment of Arbitration Proceedings

Which party may apply for Arbitration?

When a dispute has been referred to conciliation only or to an objected con/arb process and the conciliation process has failed, the commissioner is duty bound to issue a certificate of non-resolution, confirming the dispute remains unresolved. With this document a party may refer the dispute to arbitration within 90 days by completing a 7.13 [...]

2018-01-25T16:26:08+02:00January 25th, 2018|Arbitration, General|Comments Off on Which party may apply for Arbitration?

How to react to the receipt of a Default Award

It is an often occurrence due to some unforeseen factor that the Respondent (employer) fails to attend a matter as set down by the CCMA or Bargaining Council. This could be because the Respondent did not receiving the notice of set down due to a technical or administrative error. […]

2017-10-11T11:17:09+02:00December 2nd, 2015|Arbitration|Comments Off on How to react to the receipt of a Default Award