Preparing for an Arbitration at the CCMA or MEIBC (18/6/26)

Description

Unfair dismissal arbitrations before the CCMA and bargaining councils are forensic processes in which outcomes are determined not only by the merits of the case, but by the quality of preparation and the manner in which the case is presented. Employers regularly lose arbitrations not because dismissal was unfair, but because the case was poorly prepared, key evidence was not properly presented, or witnesses were inadequately prepared for cross-examination.

This practical, in-person workshop is designed to equip managers, HR practitioners, and IR professionals with a clear understanding of how unfair dismissal arbitrations work, what is required at each stage of the process, and how to prepare and present a structured, defensible case. The focus is on practical guidance — from initiating arbitration proceedings and preparing evidence, to presenting the case at the hearing and dealing with the arbitration award.

The workshop draws on extensive real-world experience of arbitrations before the CCMA and bargaining councils, and provides delegates with step-by-step guidance, practical techniques, and common pitfalls to avoid when preparing for and conducting unfair dismissal arbitrations.

Topics to be covered

The Arbitration Process:

• Initiation
• Preparation
• Presentation

Arbitration by the CCMA or the Bargaining Council?

• Jurisdiction
• Time and Place
• Prerequisites
• Appointment of the Commissioner

Arbitration Hearing Procedure

• Opening statements
• Calling witnesses
• Cross-examination
• Right of re-examination
• Closing statements
• Award

Practical guidance on preparing for arbitration

• Interview witnesses
• Assemble evidence (documentary, visual, auditory)
• Analyse issues
• Pre-arb conference
• Selection and preparation of witnesses
• Prepare for cross-examination
• Prepare closing argument

Presentation at the Hearing

• Stages to be followed
• Techniques
• Evidence

The Award

• Contents
• Enforcement
• Appeals and Reviews

Presenters

The course will be facilitated by Gordon Angus, Executive Director of SAEFA and Director of GA&A and Gia Freese, Associate at GA&A. Between them, they have 30 years’ experience in industrial relations and have trained and guided many companies in the implementation of effective discipline and are vastly experienced in chairing disciplinary enquiries and resolving disputes at the CCMA and bargaining councils.