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Revealed: The first step you must take when preparing for arbitration

by , 22 October 2014
Arbitration happens when you and your employee fail to settle a dispute at CCMA conciliation.

Your best weapon when it comes to arbitration is preparation.

But how do you go about doing this?

Keep reading to discover the first step you must take when preparing for arbitration so you can increase your chances of success.


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This is the first step you must take when preparing for arbitration

 
The first step you must take when preparing for arbitration is to check if the date and time suits you.
 
That's right.
 
According to the Labour Law for Managers Loose Leaf Service, the CCMA has to give you and your employee at least three weeks' (21 calendar days) notice of the arbitration.
 
If the notice given is shorter than this and you can't prepare in time, point this out to the CCMA and ask it to set an alternative date.
 
If the notice given is shorter than this but you're prepared, you don't have to object, as it won't really serve any purpose to do so. You can just continue preparing for the arbitration.
 
Caution: If you get fewer than 21 days' notice of an arbitration hearing and you're prepared and don't feel it necessary to object to the short notice, check whether your employee (or her representative) intends to object to the short notice.
 
It will waste your time if you prepare and arrive at the CCMA with your witnesses for the arbitration, only to have your employee object at that late stage.
 
Be sure to check out this article. It contains two ways to postpone an arbitration date if it doesn't suit you.
 
Now that you know the first step you must take when preparing for arbitration, check out CCMA for Managers for seven more steps you must follow to prepare so you can increase your chances of success at arbitration.
 

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