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How to Win at the CCMA
How to deal effectively with worker-protective legislation, sometimes conflicting case law, the CCMA, and still come out winning!

FOR A BROCHURE & REGISTRATION FORM IN PDF FORMAT ... [ click here ]


As the CCMA is there to enforce worker-protective legislation, employers need to be properly equipped in order to safeguard their rights. Management needs to understand labour law and how to ensure success when faced with the CCMA.

Course outcomes include

  • The employer’s precarious position when taken to the CCMA or bargaining council
  • The common and costly mistakes that employers make and how to avoid them
  • The importance of ensuring correctness at disciplinary hearings
  • The laws of discipline and dismissal
  • How to develop an in-depth understanding of the CCMA case
  • How to prepare for and present a watertight case

PROGRAMME

Basic principles

  • Secure your witnesses
  • Use an expert in litigation

Avoid being taken to the CCMA

  • Implement balanced fairness
  • Use a progressive corrective process
  • Ensure procedural and substantive fairness
  • Ensure expert management of disciplinary hearings

Making the best of conciliation

  • Understand the purpose of conciliation
  • Use conciliation to gather information
  • Get the commissioner on your side

CCMA arbitration

  • The Labour Relations Act and arbitration
  • Understanding what arbitration is
  • The onus of the employer
  • The laws of evidence

Gathering and preparing documentary and other evidence

  • The significance of letters, invoices, clock cards and other documents
  • Identifying the documents you will need
  • Deciding how and when to use documentary evidence
  • Choosing and using witnesses

Weaving a Watertight case

  • Ensure that you understand the case from both sides
  • Getting your evidence in the right order
  • Correcting your weaknesses
  • Combining documentary, witness and other evidence effectively

Presenting your case at CCMA

  • Guiding your witnesses
  • What to do while your witness is being cross examined
  • Re-examination
  • Cross examining the other side’s witnesses

Closing arguments

  • Draft a rough summary in advance
  • Using case law
  • Highlight the strengths of your case
  • Expose the weakness of the other side’s case
ABOUT YOUR PRESENTER

IVAN ISRAELSTAM, CEO of Labour Law Management Consulting, is a labour law and industrial relations specialist with an honours degree from The University of the Witwatersrand and an IPM diploma in Personnel Management and in Training. In addition to his 24 years of hands-on work in this field he is a regular labour law columnist for a number of newspapers and journals including “The Star” newspaper’s ‘Workplace”.

Ivan was appointed in 1996 as a part time commissioner with the Commission For Conciliation, Mediation and Arbitration. He speaks regularly on television and radio and at conferences and seminars on subjects including labour law, Affirmative action, discipline, union negotiations and conflict management. Ivan is currently the Chairperson of SACOB’s Labour Affairs Committee and the main author of the “Labour Law for Managers Practical Handbook”. In recognition of his distinctive contribution in this field Ivan has been included in the book “Who’s Who in Southern Africa”.

 
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© EES 2004    |    Last updated on : Thursday, 10 May, 2012 20:54