You know that an arbitration hearing takes place at the CCMA and at bargaining councils if conciliation hasn't been successful.
But do you know how you'll present your case? It's important that you do so you can prepare thoroughly and present a solid case.
Keep reading as we give you the four stages in which you'll present your case at an arbitration hearing.
At an arbitration hearing, the Commissioner will allow you and your employee to make an opening statement
We recommend you check out the Labour Law for Managers Loose Leaf Service
for details on what to include in your opening statement.
After this, you present your case in four stages:
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Here are the four main stages of presenting a case at an arbitration hearing
In a normal dismissal case, you'll present your case by getting all your witnesses to give evidence. This is called evidence-in-chief.
Your employee or his representative will get a chance to question each of your witnesses after they've given evidence-in-chief. This is called cross-examination.
After your witness has been cross-examined, you're given a chance to ask your witness questions again to respond to or clarify what he said under cross-examination. This is called re-examination.
You'll repeat stages number one, two and three for each of your witnesses until you've called all your witnesses. Once you've called all your witnesses, you'll close your case. You'll do this by saying something like: 'That, Mr Commissioner, is the case for the respondent'.
Just make sure you've led all the evidence you need before you close your case. The Commissioner won't usually allow you to call any more witnesses after closing your case.
After this, your employee will present his case.
Knowing the four stages you must follow to present your case at an arbitration hearing
will help ensure you prepare thoroughly and present a solid case.
PS: For more information on arbitration, check out CCMA for Managers.