1380 Limiting evidence in an arbitration

R200.00

This article discusses the evidentiary impact of processes used to limit the amount of evidence presented at a hearing or arbitration, such as narrowing the issues, pre-arbitration conference, and statements of case.

Description

 Table of Contents

  1. Introduction
  2. Narrowing the issues

2.1        CCMA Guidelines on Misconduct Arbitrations

2.2        Narrowing of the issues – making admissions

2.3        Admissions made in a hearing

2.4        An arbitrator’s duty

2.5        How to narrow the issues

2.6        Narrowing of the issues: dismissal

2.7        Narrowing of the issues: unfairness

2.8        Narrowing of the issues: grounds of dismissal

2.9        Narrowing the issues: procedural and substantive fairness: misconduct

2.10      Narrowing the issues: elements of misconduct

2.11      The opening statement

2.12      Conclusion

  1. Pre-arbitration conferences

3.1        CCMA Rules

3.2        Are parties bound by a pre-arbitration minute?

  1. Statements of case
  2. Conclusion

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