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Practical Arbitration Skills

2 days (3 days if run in conjunction with Rules of Evidence which is recommended)

SAQA US No. Title NQF Level Credits
No appropriate unit standard for this course 5

TARGET POPULATION
The Practical Arbitration Skills programme is targeted at the representatives of employers and/or employees in dismissal arbitrations.

CONTENT
This ‘hands-on’ course covers:-

  • Conciliation and how best to use the process to resolve appropriate dismissal disputes.
  • Points in limine.
  • Case preparation for an arbitration, including conducting an investigation, preparing witnesses, preparing for cross-examination, preparing opening statements and closing argument.
  • Preparing a bundle of documents
  • Researching relevant case law.
  • Leading the case for or against the employer in a dismissal arbitration.
  • Arbitration procedure and protocol.
  • An opening statement is presented.
  • Evidence-in-chief of witnesses is led.
  • Opposing witnesses are cross-examined.
  • A closing argument is presented.

The Case of Nad Govender, based on an actual case that went before the CCMA and Labour Court is used to illustrate the process followed in an arbitration. A second DVD The Case of Robert Tusi, featuring insubordination is used as a practical exercise whereby learners have to prepare and role-play the case.