The date for the arbitration hearing of 16 fired Generations actors has been set! Here's what you need to know if you're going through this process
On Wednesday, the CCMA revealed that the arbitration hearing of the 16 fired Generations actors will take place next Tuesday.
The 16 actors were fired from the popular SABC 1 soapie in August for going on strike over a wage dispute.
They're now fighting back and are claiming unfair dismissal.
While you await the outcome of this saga, which has resulted in the soapie being canned for three months as new episodes are filmed, take the time to find out how arbitration works. After all, your company isn't immune to labour disputes.
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The arbitration process works as follows
According to Labour Law for Managers Loose Leaf Service,
arbitration is a process that takes place at the CCMA and at bargaining councils if conciliation hasn't been successful.
It's basically a full re-hearing of the entire case, plus an investigation of the fairness of your procedures leading up to the dismissal (presentation of all the evidence, cross-examination of witnesses, etc). It's not simply a review of your decision to dismiss
or a review of the procedural fairness.
, an arbitrator hears the merits of your case and makes a decision in the form of an arbitration award. He briefly states his reasons for reaching such a decision and justifies any compensation he awards.
The law is clear that the arbitrator must hand down an arbitration award within 14 days of the conclusion of the arbitration hearing.
If the reasons the arbitrator gives don't justify the award he's making, you could take the matter to the Labour Court and request a review.
When it comes to arbitration, preparation is key
There's no greater asset in the process of dispute resolution than proper and complete preparation.
So when an employee refers a dispute to the CCMA, don't compromise on preparation now that you know how this process works.
PS: To get the six steps you must take in preparation for arbitration and so much more, check out CCMA for Managers.