2. Make a Strong Closing Statement. Your closing statement is your last opportunity to summarize your case and persuade the commissioner. Highlight the key evidence that supports your position and address any weaknesses in the opposing party’s case. 3. Understand the CCMA Laws. Familiarity with the CCMA laws and the Labour Relations Act will ...
Example of a closing statement Category Disciplinary hearings: A template of a closing argument to be used at the CCMA detailing the legal argument and facts relied upon to state a parties case. Template: R 165.00: Preview: Example of incident diary Category Disciplinary hearings
The CCMA Rules now makes provision that if both parties are represented by external representation, the parties must then hold a pre-arbitration hearing. The CCMA / Commissioner may also direct the parties to hold a pre-arbitration of the dispute at hand. In more difficult matters it is recommended that a pre-arbitration be held.
The employer had dismissed the employee for theft amounting to R11000 but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the case with the employer, I unearthed strong evidence that the employee deserved to be dismissed. ... Preparing a draft closing statement. In the case of NUM ...
Closing statements ... refer it to the CCMA or applicable bargaining council. If an appeal process is specifically available in terms of a company procedure, the chairperson should advise the employee of this right and the time period to appeal. There is no automatic right of internal appeal, but if the ...
After the arbitrator has explained this process and has followed it he/she must: hear closing statements, assess the evidence and make the award. The evidence that the arbitrator assesses for purposes of deciding in favour of the employer or employee falls into three broad categories. ... How to win an unfair dismissal case at the CCMA ...
To have a chance of winning a case at CCMA, a party must present proof to the arbitrator. In the days when I arbitrated CCMA matters, parties argued their. 011 888 7944 ivan@labourlawadvice.co.za. ... Each party presents a closing statement; The arbitrator adjourns to assess the evidence and to make the award.
Closing arguments or submissions are the culmination of the advocate’s role in the arbitral process, and they are often key to the end result. They are the ultimate reference point for an arbitral tribunal wanting to write its award. They bring together the strands in the case and, more particularly, the documentary and oral evidence.
Example of a closing statement Description A template of a closing argument to be used at the CCMA detailing the legal argument and facts relied upon to state a parties case. Category Discipline Sub Category Disciplinary hearings Document Type Template Filename Example of a closing statement TMP2.docx Publish Date 10/07/2022 Price R165.00 Author
The CCMA will then contact you and the other party within 30 days of the referral and inform you of the date, time and venue of the first hearing, namely conciliation. ... At the conclusion of the above, the Commissioner will ask each party to make a closing statement by in short summarising discrepancies in the other party/ies testimony, what ...
This entails explaining that: · opening statements are made by each party outlining what they intend to prove· the arbitrator could, for example, require the employer to present its case first. ... · Hear closing statements· Assess the evidence and make the award. ... Turning to the way in which CCMA arbitrators deal with awards I have ...
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena ...
As an employee, winning a lawsuit before the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa calls both strategic strategy and full knowledge of the process crucial. We will walk over the main actions on how to win a ccma case as an employee in this extensive tutorial. Comprehend the CCMA Process
The CCMA is an independent statutory body for resolving disputes efficiently, expeditiously and inexpensively. It is mandated to promote social justice and fairness ... o After all the evidence has been led, each party makes a short closing statement o The Commissioner then makes his/her ruling. He/she has up to 14 days within which to make his ...
The employer has absolutely nothing in writing – the employee goes to the CCMA and is awarded three to six months’ salary as compensation, or even reinstated with back-pay. ... re-examination and closing statements. An impartial chairperson must be elected to chair the hearing in order to make a finding and provide a recommendation. The ...
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