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Six crucial steps you NEED when preparing for arbitration

by , 17 August 2015
Arbitration is a FULL re-hearing of your case, including an investigation into the 'fairness' of your procedures that lead up to a dismissal of an employee. So for something so extensive it is important to be prepared. Here are sixc steps you need when preparing for arbitration...

1. Prepare your management representatives

Hold meetings with all the relevant management staff in order to refresh their memories as to all of the events. 

2. Research previous case studies

It is important to do research and look for similar cases to yours that have been brought before the CCMA in the past. 

3. Look into the merits of your case

This will include questions such as: 

Was a rule of yours broken?
Was the employee in question aware of the rule broken?
Does your disciplinary code include the rule broken? 
Have you gone through your disciplinary code thoroughly so that your ex-employee cannot use anything against you? 

Answering such questions will help ensure that your case is as strong as possible. 


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


4. Prepare your witnesses

Prepare your witnesses as thoroughly as possible. After all, you don't want any surprise questions catching them out. 

5. Hold a pre-arbitration conference

This should be done with your 'opponent' or her legal representative in order to discuss any issues before arbitration. This can save you lots of time.  The CCMA lists a number of issues that should be dealt with at the conference. Click here to find out what they are. 

6. Transparency and openness of information

Exchanging all information between parties will allow each of you to fully prepare for arbitration. 

So there you have it! Six practical steps for when preparing for arbitration. 

But there is still so much more you need to know when it comes to preparing for arbitration. Click here and gain access to all there is to
know about arbitration as well as many other labour law issues. 

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