1730 The steps of an arbitration

Description

ARTICLE ON WHICH THE COURSE IS BASED

LLA 1730 Steps of an arbitration of a labour disput

Synopsis

Context: This article discusses and explains the process followed in an arbitration concerning a range of labour disputes.

Content: The article gives a practical guideline to Practitioners and aims to make them aware of what will happen in an arbitration with particular reference to the dispute and the question of which party bears the onus of proof.

Table of Contents

1. Introduction
2. The steps explained
3. Introduction

3.1.      Verification of the capacity of representatives

3.2.      Verification of the validity of the referral

3.3.      Preliminary issues – points in limine

3.4.      The arbitrator explains the arbitration process.

3.5.      Opening statements

3.6.      Narrowing the issues

3.7.      Documentary evidence

3.8.      The evidence of witnesses

3.9.      Closing statements

3.10.     Conclusion

4. The arbitration of a dispute concerning an allegation of dismissal

4.1       The law

4.2       The steps of this kind of dispute

5. The arbitration of a dispute concerning an allegation of unfair dismissal
6. The arbitration of a dispute concerning dismissal on the ground of misconduct
7. The arbitration of a dispute concerning dismissal on the ground of incapacity poor performance
8. The arbitration of a dispute concerning dismissal in terms of section 186(2)(a)
9. The arbitration of a dispute concerning constructive dismissal
10. The arbitration of an unfair labour practice dispute
11. The arbitration of a dispute concerning collective agreements

11.1.     The law

11.2     The steps of a dispute about collective agreements