C17 - Conducting Conciliations & Arbitrations in the CCMA

Module 1 : Introduction

• What is the CCMA?
• The Labour Court and Labour Appeal Court
• The ILO
• Bargaining Councils

Module 2 : Relevant sections of the LRA

• Defining the employment relationship
• Rights and mutual interest disputes
• Unfair dismissal and unfair labour practices
• Code of conduct on dismissal
• Disputes to be referred to the CCMA and Labour Court
• Disputes to be referred to arbitration
• Limitation on compensation

Module 3 : Dispute procedures and path in terms of the LRA

• Referral of disputes
• Conciliations
• Con-arb in terms of section 191(5)A
• Certificate of outcome
• Request for arbitration
• Arbitration and the LRA
• Pre dismissal arbitration

Module 4 : CCMA rules and forms

• Applications – rule 31
• Application for condonation – rule 12
• Serving and filing of documents
• Calculation of time periods
• Subpoenas and witness fees
• Objections to the same commissioner and
• Application for a senior commissioner
• Joining and substituting parties
• Taxation
• Objections to jurisdictions
• Representation and appearance during proceedings
• Settlement at conciliations or arbitrations
• Effect of arbitrations award
• Applications to certify award
• Postponements
• Applications for costs, cost orders and taxation
• Disclosure of information

Module 5 : Private arbitrations

Module 6 : Arbitration: preparation and presentation

• Attending conciliation
• Settlement during conciliation and arbitration
• Preparation for arbitration
• Planning the case
• Consultations
• Collecting evidence – sources of evidence
• Preparing witnesses
• Bundles of evidence
• Pre arbitration conference
• Applications and points in limine

Module 7 : Evidence on procedural and substantive fairness

• Disciplinary procedure
• Bias of the chairperson
• Suspension

Module 8 : Presenting or defending your case

• The role players
• Opening and closing statements
• Evidentiary burden
• Absolution of the instance
• Different types of evidence and how to present it
• Written statements and affidavits
• Probative material – different types, admissibility, relevance and weight
• Leading, cross examining witnesses
• Presenting and evaluating evidence
• Postponements and part heard matters
• Specific evidence: hearsay evidence
• Polygraph testing, alcohol and drug tests,
• Traps, confessions, admissions,
• Direct and circumstantial evidence, privileged evidence, expert evidence, opinion evidence, similar fact evidence, character evidence

Module 9 : Reviews

• Review requirements post Sidumo

Module 10 : Rescission

• When to apply and requirements  

Module 11 : Examples and exercises

Module 12 : Practical role play