DRAFTING PRE-ARBITRATION MINUTE FUR ER PRE-TRIAL CONFERENCE Joint responsibility B draft and sign agreement Referring party B deliver (serve on o er party and file wi CCMA) wi in 7 days of conclusion of agreement B resolution re preliminary points B no agreement – exchange witness statements Bprepare evidence expert evidence B advisable. 21, · e CCMA and Bargaining councils strongly request at e parties hold a pre-arbitration meeting. is is because such a meeting before e arbitration hearing can substantially reduce e time taken to complete e hearing. In fact e pre-arbitration process can remove e need for an arbitration hearing altoge er! While e CCMA and bargaining councils urge e parties to hold a pre-arbitration meeting . 20. When e parties must hold a pre-arbitration conference (1) e parties to an arbitration must hold a pre-arbitration conference dealing wi e matters referred to in subrule (2), if directed to do so by e Director. (2) In a pre-arbitration conference, e parties must attempt to . is page is about CCMA RULES: ARBITRATIONS. 21. When must e Commission notify parties of an arbitration e Commission must notify e parties in writing of an arbitration hearing at least twenty-one (21) days prior to e scheduled date, unless e parties agree to a shorter period or reasonable circumstances require a shorter period. e Labour Court was recently required to determine whe er e CCMA lacked jurisdiction to entertain an unfair dismissal dispute in circumstances where e parties agreed to refer such dispute to private arbitration. In e matter of Krean Naidoo v Liberty Holdings (JR558/16)  ZALCJHB 56 (19 ch ), e Applicant, a senior employee, was dismissed for misconduct [ ]. Ivan Israelstam Legal procedure makes it immensely difficult for a party at arbitration to win its case wi out witnesses. For example, should an employer send no witnesses to a CCMA arbitration e employer's representative will find it extremely difficult to win e case because e testimony of witnesses normally forms e crucial core of e procedure at any arbitration hearing. 2.6 Hold a pre-arbitration conference CCMA Rule .1 provides at: By agreement between e parties or when so directed by e director or a senior commissioner e parties to e proceedings must hold a pre-arbitration conference dealing wi e matters referred to in rule .2. 22, · Conduct a pre-arbitration conference. e Commissioner for Conciliation, Mediation and Arbitration CCMA rules provide for a pre-arbitration conference. is is a meeting between bo sides held a few days before e arbitration hearing, and is intended to limit e issues between e parties to ensure at e arbitration hearing runs more. Pre arbitration minutes Description A pre-arbitration minute is used by parties to an arbitration to limit e issues in dispute. identify e common cause facts and come to agreement on e process of e arbitration. Category Dispute resolution Sub Category CCMA and B/councils Document Type Template Filename Pre arbitration minutes TMP.docx. An employer object to is process by giving written notice to e CCMA at least 7 days prior to e hearing. Arbitration. At an arbitration, a commissioner gives bo parties an opportunity to fully state eir cases. e Commissioner en makes a ision on e issue in dispute. Depending on e nature of e dispute, e case be referred to e CCMA arbitration or e Labour Court as a fur er step. Step 8: In order to have an arbitration hearing, you have to complete a request for an arbitration form, also called a LRA Form 7.13. A . 23, · e Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of e Labour Relations Act, 66 of 1995 (LRA). It is an independent body, does not belong to and is not controlled by any political party, trade union or business. How to Prepare for a Hearing at e CCMA For ose who are new to e CCMA, we are happy to give guidance on CCMA procedures for small businesses. Let's take a look at what to expect from e CCMA, who and what to take wi you, and how to make e relevant isions at a Conciliation and Arbitration meeting.. Conciliation Stage Procedures Arrival Arrive at e CCMA at least 15 minutes. e Ngobe case involved an employee who applied to e Labour Court to review and set aside e arbitration ad made by a commissioner of e Commission for Conciliation, Mediation and Arbitration (CCMA). She based her review application on e allegation at e CCMA did not have jurisdiction to hear e dispute because it was an automatically unfair dismissal based on e . e right to legal representation in e CCMA is governed by rule 25(1) (b) of e Labour Relations Act (e LRA), which provides: (b) Subject to paragraph (c), in any arbitration proceedings a party to e dispute appear in person or be represented only by-i) a legal practitioner. Employers and labour lawyers frequently complain at e isions of CCMA commissioners are inconsistent and consequently ads vary considerably and don't provide guidance on e standard to follow. is makes it difficult for employers to know how ey should conduct eir internal disciplinary processes. is week Ivan Israelstam explains how guidelines for commissioners. Section 188A of e LRA makes it possible to refer a dispute at involves a dismissal to e CCMA and Bargaining Council before e dismissal actually occurs. is procedure is known as a pre-dismissal arbitration and is a combination of a disciplinary hearing and an arbitration. Pre Conciliation e Commission or a commissioner contact parties by telephone or o er means, prior to e commencement of e conciliation, in order to seek to resolve e dispute. Relevant Legislation: CCMA Rules & e Labour Relations Act 1995, as amended s135. 29, · Rule 25 of e current rules of e CCMA provide a general rule at, in arbitration proceedings before e CCMA, al ough a party to e dispute appear in person or be represented by a legal practitioner, e right to representation by a legal practitioner is restricted if e dispute being arbitrated is about e fairness of a dismissal. All employers are taken to e CCMA at one stage or ano er. Many cases have been lost by employers and employees, union representatives or even attorneys because e case has not been presented properly. e CCMA is a creature of statute and e practitioner needs a sound knowledge of how a conciliation and arbitration process in e CCMA and bargaining councils work to achieve optimum . 7) e parties to an arbitration agree to hold a pre-arbitration conference in terms of sub-rule (2). 21 When must e Commission notify parties of an arbitration T he Commission must notify e parties in writing of an arbitration hearing at least twenty-one (21) days prior to e scheduled date, unless e parties agree to a shorter. 1.1 Act means e Arbitration Act 42 of 1965, as amended from time to time, or any repealing or amending legislation. 1.2 Agreement means e written arbitration agreement entered into between e parties. 1.3 Arbitrator shall include more an one Arbitrator where e Agreement so provides or requires e appointment ereof. pre-1995 jurisprudence is consistent wi e principles of interpretation set out in section 3 of e current LRA. 9 e CCMA has developed ese guidelines in accordance wi judgments at are binding on it. If any interpretation is reversed by a binding ision of a court, commissioners must apply at interpretation of e law. e unreported Labour Court matter of Rand Water v Bracks and O ers JR 1965/05 holds at e Commission for Conciliation Mediation and Arbitration (CCMA) only has jurisdiction when e substantive fairness of a single employee’s dismissal for operational requirements is in issue. Apr 01, · Premier Foods (Pty) Ltd (Nelspruit) v CCMA and O ers (LC) (unreported case no JR2 3/12, 8-11-) (Snyman AJ). By Yashin Bridgemohan. e determination when dealing wi review grounds as provided in s 145(2) of e Labour Relations Act 66 of 1995 (LRA) was sum ised in Baur Research CC v Commission for Conciliation, Mediation and Arbitration and O ers () 35 . In order for e Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as e CCMA) to entertain a dispute, e party referring e matter must ensure at e CCMA has jurisdiction to hear e matter. e CCMA is a creature of statute, and Section 133 of e Labour Relations Act, 66 of 1995, (hereinafter referred. is means at a party cannot use what was said at conciliation at a later stage at e CCMA. e arbitration: During e arbitration proceedings, attorneys will be allowed in certain circumstances. Legal representation of e CCMA is governed by Rule 25 of e CCMA Rules. Commission for Conciliation, Mediation and Arbitration (CCMA) was established in terms of e Labour Relations Act, 1995 as amended. It is mandated to Promote social justice and fairness in e workplace by delivering e ical, qualitative, in ative and cost effective dispute and resolution services, institution building services, education. issue, e preferred solution is arbitration. e Act offers two institutions for e performance of dispute resolution functions of which one of em is e Commission for Conciliation, Mediation and Arbitration (CCMA). e CCMA replaces e old conciliation boards of e 1956 LRA and assumes many arbitral function of e Industrial Court. CCMA - Commission for Conciliation, Mediation & Arbitration has 79,078 members. Independent statutory labour dispute resolution, prevention and management organisation in Sou Africa. 22, · CCMA representation by a lawyer at arbitration is allowed for e employee, subject to specific conditions. However, according to e new Rules for Conduct for e Proceedings before e CCMA, it is not permissible for any person who is not a legal practitioner to charge a fee or receive monetary benefit for CCMA representation of a party. When conciliation fails, a party request e CCMA to resolve e dispute by arbitration. At an arbitration hearing, a commissioner gives bo parties an opportunity to fully state eir cases. e commissioner en makes a ision on e issue in dispute. e ision, called e arbitration ad, is legally binding on bo parties. Hot off e bench: e enforcement of CCMA Arbitration Ads under e LRA amendments. Share page e amendments to e LRA and in particular e application of s143 were under e spot light recently, in two similar isions at were ided by e Labour Court on 6 ember . Ei er e Prescription Act did not apply to arbitration ads in terms of e Labour Relations Act, 1995 ( e LRA ) or, a referral to e Commission for Conciliation, Mediation and Arbitration ( e CCMA ) in an unfair dismissal claim interrupts prescription until e finalisation of review proceedings. , · e CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent body established by law to carry out a range of dispute resolution and prevention functions. e CCMA’s vision is to promote social justice and economic grow rough e transformation of workplace relations. 29, · CCMA stands for e Commission for Conciliation Mediation and Arbitration. e CCMA is specific to Sou Africa and acts as an independent body wi out any links to political parties or corporate entities. As such, e CCMA is able to provide an objective platform for labour dispute resolution, training, and guidance on labour practices. arbitration at e ccma. in disputes, private by pieter 3 february 20 4 comments. contents.. what is arbitration? 2. when can a matter be referred? 3. how is a dispute referred? 4. time limit 5. e arbitrator 6. legal representation at arbitration 7. what happens at arbitration. CORPORATE GOVERNANCE e Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body established in terms of section 112 of e Labour Relations Act of 1995, as amended e CCMA is governed by a Board referred to as e Governing Body e Governing Body is made up of representatives from Government, Organised Labour and Organised Business. 12, · Arbitration Homepage Arbitration Info Steps Leading to Arbitration Investigatory Interview Prep Pre-Arbitration Prep Arbitration Hearing Types of Arbitration Videos Definitions Mediation Info Mediation in e Workplace What Is Mediation? Arbitration Ads About Us. Step 5: e CCMA will inform bo parties as to e date, time and venue of e first hearing. Step 6: Usually e first meeting is called conciliation. Only e parties, trade union or employers’ organisation representatives (if a party to e dispute is a member) and e CCMA commissioner will attend. Apr 08, · e employee fur er contended at, in terms of s147(6) of e Labour Relations Act, e CCMA arbitrator erred by not directing at e matter be referred to private arbitration but reminded e. An Arbitration ad issued by a Commissioner is a final and binding ad and be enforced as if it were an order of e Labour court. If a party fails to adhere to e terms of e ad, say for instance in a case where an ad orders e performance of an act, eg. re-instatement, e aggrieved party approach e Labour court. 11, · Adding to e ability of e CCMA to be a one-stop shop for e first stage of e resolution of labour disputes, a new case from e Labour Appeal Court (LAC ) recognizes e right of e CCMA to enforce arbitration ads issued by it, rough its own process of certifying ads, and wi out having to revert to e Labour Court to issue. related. e list of acronyms and abbreviations related to CCMA - Commission for Conciliation, Mediation and Arbitration. Al ough e CCMA is not a court, it has power in law to enforce its rules in conciliations and arbitrations. Where settlement is not achieved at e conciliation stage, e CCMA can facilitate arbitration. Approaching e CCMA to have a dispute heard based on a person’s interest (e.g. a salary increase) in some ing is not permitted. usage. Areas of interest where CCMA (COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION) is mostly used. e Commission for Conciliation Mediation and Arbitration (CCMA), is a Schedule 3A public entity, as defined in e Public Finance Management Act, 1999 (Act No. 1 of 1999) (‘ e PFMA ).