Win at the CCMA.
Saved in:
| Online Access: |
Full text (MCPHS users only) |
|---|---|
| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Randburg :
KR Publishing,
2016
|
| Edition: | 2nd ed. |
| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Cover; Title Page; Title Page 2; Copyright; TABLE OF CONTENTS; ABOUT THE AUTHOR; INTRODUCTION AND HOW TO USE THIS BOOK; CHAPTER 1: CCMA DISPUTE MECHANISMS; Introduction; The Commission for Conciliation, Mediation and Arbitration (CCMA); Commissioners; What it does; Special notes on service of documents; Filing of documents with the CCMA; Jurisdictional and other in limine issues; CCMA Jurisdiction Chart; Relevant Sections of the LRA 66 of 1995; CHAPTER 2: Conci liation and Arbitration; Conciliation
- "The Light Weight Stuff"; General rules for conciliation.
- Arbitration
- "The Heavy Weight Stuff"The general rules for arbitration; Con-arb; Representation before the CCMA; CCMA ROADMAP; CHAPTER 3: EVIDENCE; What is Evidence?; Why must we have a clear understanding of evidence?; Management Bears The Burden Of Proof; The presumption of innocence; Standard of proof; Evidence Versus Proof; Forms of Evidence; Notes on forms of evidence; Circumstantial evidence; Credibility and Reliability
- Who speaks the truth?; Inadmissible Evidence; The Assessment of The Evidence; Background facts; Summary of evidence; Analysing evidence.
- Conducting The Arbitration HearingOpening; Cross-examination; Closing; Argument; Reply by defendant; The Burden of Proof vis-à-vis The Onus of Proof; Dismissal dispute; Two exceptions; CHAPTER 4: PREPARING FOR ARBITRATION; CCMA Roadmap; Preparatory Actions; Statutory pre-arbitration procedures; Pre-arbitration conference; Set down; Preparing The Case Inclusive of The Statement of Case or Defence; Conduct a SWOT (Strengths, Weaknesses, Opportunities and Threats) analysis; Now do the following; Prepare Your Opening Statement (see Section 3 below).
- Of the statement of case
- basic outline1. Heading and details of parties; 2. Contents and pagination; 3. Introduction; 4. Statement of material facts and legal issues; 5. Conclusion and relief sought; 6. Schedule and list of documents; CHAPTER 5: AT THE HEARING; Upon Arrival; Representation before the commission
- Rule 25; Formal introductions; Housekeeping; Reverting to conciliation; In limine issues; The Hearing Itself; Opening statements; Narrowing issues; Presenting Evidence; Closing statements; Conclusion of the proceedings and the award.
- Statutory Guidelines For Commissioners (Government Gazette No. 34573)Nature of an arbitration; Arbitration typically involves six stages; CCMA Roadmap; CHAPTER 6: THE AWARD; Time Limit; Elements of The Award; CCMA Guidelines for Award; Certification of Awards; CCMA Roadmap; CHAPTER 7: MAKING THE BEST OF THE BAD NEWS; Introduction; Options; Rescission and variation; Review applications; CCMA Roadmap; TOOLKIT; Management Checklist For Compliance with Paragraphs 4 ("Fair Procedure") and 7 ("Dismissal Guidelines") of The Code Of Good Practice : Dismissal (Schedule 8 of The LRA).
