Welcome to the second issue of the CEO Compilation series – our collection of relevant articles dealing with some of the general processes that may be encountered at the various labour forums, as well as what can be expected before, at and after the CCMA and bargaining councils. In each issue of this journal, we highlight other forum aspects and relevant changes in legislation or labour policy.
In this issue, we deal with the Arbitration process. Although the CCMA and various Bargaining Councils always aim for speedy and cost-efficient dispute resolution, it is still not an easy process. There are many rules and timelines that must be adhered to in order to have a matter heard – or in the case of the employer, defended renders this process quite daunting. Unfortunately, an arbitration process can also be riddled with emotions, rightfully so, but that causes objectivity to fly out of the window.
Identifying your witnesses for the case, deciding which documentary evidence to include in your bundle, how to present your case and how to cross-examine the witnesses, are all factors to consider.
Although the rules of the CCMA makes provision for applying to have legal representation, it is not a given, and you will need to apply for it. The benefit of belonging to CEO is that we have an automatic right to represent our members at these forums, as a registered employers’ organisation in terms of the Labour Relations Act. Having someone who understands the law and process and has in-depth knowledge of the workings of these forums will give you the necessary peace of mind. At CEO we deal with between 900 – 1000 cases per month (not all arbitrations) – we are experts in our fields.
With the arbitration process, you have only one bite out of the cherry – unfortunately, so you need to get it right the first time. Feel free to contact us if you have any questions about the subjects covered in this compilation.
Download Compilation: CEO Compilation_Issue 2 (PDF | 11 Mb)