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Use these 16 points to navigate through the maze of arbitration hearings

by , 31 October 2014
An arbitration hearing is a dispute resolution process that takes place at the CCMA and at bargaining councils if conciliation hasn't been successful.

It's essentially 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).

Since this process is quite complex, many employers struggle in the run up to it. As a result, they end up going to the CCMA unprepared and this puts their case in jeopardy.

The good news is you don't have to go through the same thing.

Today, we reveal not five, not ten, but sixteen points that will help you navigate through the arbitration hearing maze with ease so you can beat the odds.


Navigate through the arbitration hearing maze by using these 16 points

 
  1. Do this when you receive the LRA Form 7.13: 'Request for Arbitration.'
 
  1. Here's the first step you must take when preparing for arbitration.
 
  1. Here's the one thing you must do to ensure arbitration is fair.
 
  1. When preparing for an arbitration hearing, ask yourself these eight questions.
 
  1. Do this if the other party refuses to disclose the documents you need to prepare for arbitration.
 
  1. In the run up to arbitration, prepare the following evidence for the Commissioner.
 
  1. Here's what to do when you arrive at the CCMA on the day of the arbitration hearing.
 
  1. At an arbitration hearing, you'll present your case in four stages.
 
  1. Here are six vital pointers for questioning witnesses at an arbitration hearing.
 
  1. Here's what you need to know about presenting evidence and questioning witnesses at an arbitration hearing.
 
  1. Here's what to do if you're struggling to get your witness to attend the arbitration hearing.
 
  1. Here's what to do when your witness changes his testimony during an arbitration hearing.
 
  1. Follow these eight steps to present your closing argument at an arbitration hearing.
 
  1. Here's what to do when you've requested arbitration to be postponed.
 
  1. Here's how long you have to wait for the outcome of an arbitration hearing.
 
  1. And finally, use this checklist to prepare for an arbitration hearing.
 
Be warned! Sloppy procedure and lack of preparation could cost you at arbitration! Use these points to navigate through the arbitration hearing maze and you will beat the odds.
 
For more information on arbitration, check out CCMA for Managers.


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