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One vital step to make sure you're prepared for arbitration

by , 06 November 2015
As you know, arbitration is a full re-hearing of your entire case.

This includes an investigation into the 'fairness' of your procedures that lead up to the dismissal ofone of your employees.

So for something so extensive, it's important to be prepared - and this one tip can help you don't just that...

The importance of researching case studies

Conducting a search for similar cases to yours, which have been to the CCMA before, can be vitally important. This is because they have the potential to add significant weight to your case's argument. This is, of course, in cases where a finding, in a particular and related case, was in favour of the employer.

Don't let the CCMA rule a disciplinary hearing 'unfair' under your watch

When it comes to chairing disciplinary hearings, you can't afford to make any errors.

If you make one mistake the hearing will be ruled as unfair.

Discover the five steps you need to take to hold a legally compliant disciplinary hearing today

But don't just stop there! Because it'll also help to be prepared, as much possible, by looking into similar cases in which the finding was in favour of the employee. By doing this, you can take note of any factors which may affect the weight of your argument, and so you can take any necessary preparatory steps before the arbitration hearing.

In other words, conduct thorough research into previous, and similar cases, so as to back up and reinforce your argument, but also look at similar cases from whose mistakes you can learn from.

By doing this, your case's overall chances of winning will improve significantly.

Remember,, case law plays a pivotal role in countless legal systems, including South Africa's. It's a selection of previous judgements where various interpretations of laws, and so on, can be located. This, in essence, creates precedent for future, and somewhat similar cases.

So don't ignore it! Instead, get some research done. Make enquiries at legal bookshops or subscribe to case law websites and, or, forums.

*To learn more on arbitration, such as preparation, conferences, strategies and so on, subscribe to Labour Law for Managers today.

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