Revealed: The ultimate arbitration preparation checklist every business owner needs to have
If you and Sam, your employee, don't resolve a dispute at CCMA conciliation, the next step is for Sam to ask the CCMA to arbitrate the matter.
To do this, he must complete an LRA Form 7.13: 'Request for Arbitration'.
The good news is, arbitrations are relatively informal and certainly more relaxed when you compare them to court proceedings. You won't face the same amount of stress like the people in the Oscar Pistorius murder trial are facing, for example. That said, you MUST still be properly prepared for arbitration if you want to beat the odds.
'But where do I start?' you ask.
Continue reading as we reveal to you the ultimate arbitration preparation checklist. It's been compiled by our highly respected labour experts and we believe every business owner needs to have it.
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You can't afford to be without the ultimate arbitration preparation checklist
Experts behind the Labour Law for Managers Loose Leaf Service
say, every time you're facing arbitration
, go through this checklist to make sure you're prepared:
Make sure you've checked your referral to arbitration form for any preliminary points and to see that it's been completed properly.
Make sure you know when and where the arbitration will take place.
If you wish to postpone, ensure you have an agreement to postpone the arbitration or delivered an application to postpone.
Make sure you've got an agreement to have legal representation or delivered an application for legal representation.
If necessary, check that you've objected to the Commissioner or applied for a senior Commissioner.
Check that you've held a pre-arbitration conference;
Check that you've discovered the relevant documents;
Check that you've prepared your witnesses;
Check that you've subpoenaed witnesses;
Check that you've prepared your opening statement; and
You've prepared your questions for your witnesses and questions for cross-examining the other party's witnesses.
Keep this checklist safe in your file so you can always refer to it to ensure you're well prepared for arbitration.
Recommended Product: CCMA for Managers.
It will show you exactly what to expect and what to do to prepare a watertight case against an employee who's intent on taking you to the CCMA.