The sharing and exchange of relevant documents as well as the preparation of a bundle of documents, which must be numbered and in chronological order.
. The way in which documentary evidence must be dealt with at arbitration. This includes any agreement on the status of documents as well as if the documents will act as evidence of what they appear to be. In other words, do the parties agree the evidence provides proof with regard to what it claims to?
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Did you know a full 38% if all cases end up at arbitration, the Labour Court or in strikes
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Whether or not an affidavit will be submitted with the right of either of the parties to cross-examine the person who made it.
Which party must begin at arbitration. No Act lays down which party should start first, but usually it is the employer's representative who presents her case because the onus of proof lies on the employer with regard to the dismissal.
The right to representation. Where cases involve anything other than misconduct or incapacity, legal representation is allowed.
Cases involving misconduct or incapacity don't allow for it, unless all parties, including the Commissioner, agree to it.
Those are, amongst several other steps
, the five important issues to deal with at a pre-arbitration conference.
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Remember that this step (pre-arbitration) is not a requirement, but it is preferable.
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