Arbitration proceedings ccma study

Arbitration | CCMA

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When conciliation fails, a party may request the CCMA to resolve the dispute by arbitration. At an arbitration hearing, a commissioner gives both parties an opportunity to fully state their cases. The commissioner then makes a decision on the issue in dispute. The decision, called the arbitration award, is legally binding on both parties.

Arbitration | CCMA

Case Law - CCMA

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Individual Employee, Employer. Have you been unfairly dismissed or unfairly treated at work? Dealing with unfair discrimination; Dealing with Retrenchment

Case Law - CCMA

Legal representation at the CCMA – a constitutional right ...

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At present, the approach adopted by the Commission for Conciliation, Mediation and Arbitration (CCMA) in regard to parties’ rights to legal representation is that there is no absolute right to legal representation at any stage of the proceedings.

Legal representation at the CCMA – a constitutional right ...

Are conciliation proceedings at the CCMA privileged? A ...

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4/25/2018 · Are conciliation proceedings at the CCMA privileged? A case study perspective. By Nicolene Schoeman Louw on April 25, ... Mediation and Arbitration (hereafter referred to “the CCMA”) and the Labour Courts, are collectively responsible for the resolution of disputes. ... the matter is then referred for Arbitration.

Are conciliation proceedings at the CCMA privileged? A ...

THE GROUNDS FOR REVIEW OF CCMA AWARDS by DANIËL …

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Arbitration at the CCMA 10 4. Conciliation-Arbitration (Con-Arb) 11 ... CHAPTER 5 COMPARITIVE STUDY: AUSTRALIA AND 44 NEW ZEALAND A. Australia 44 ... Ltd v Marcus NO17 concluded that the review of arbitration proceedings is limited to the grounds as provided for in section 145 of the LRA.

THE GROUNDS FOR REVIEW OF CCMA AWARDS by DANIËL …

REVIEW OF CCMA ARBITRATION AWARDS - ulspace.ul.ac.za

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any arbitration proceedings a right to review and set aside the arbitration award.6 ... as suggested in the title is that the test for review of CCMA arbitration awards should be developed in a manner that will be applicable in all circumstances without being controversial. ... This study also illustrates the need to amend the LRA in order to ...

REVIEW OF CCMA ARBITRATION AWARDS - ulspace.ul.ac.za

(PDF) A case study in determining fairness of dismissal as ...

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A case study in determining fairness of dismissal as a sanction for misconduct in South Africa ... but on the basis of all evidence led at the CCMA arbitration proceedings, including evidence led ...

(PDF) A case study in determining fairness of dismissal as ...

A case study in determining fairness of dismissal as a ...

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A case study in determining fairness of dismissal as a sanction for misconduct in South Africa ... but on the basis of all evidence led at the CCMA arbitration proceedings, including evidence led ...

A case study in determining fairness of dismissal as a ...

LEGAL REPRESENTATION AT DISCIPLINARY HEARINGS AND …

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LEGAL REPRESENTATION AT DISCIPLINARY HEARINGS . AND BEFORE THE CCMA . by . WERNER KRUGER . ... 2 CCMA PROCEEDINGS ... 4 CHAPTER 1 INTRODUCTION 1 GENERAL The right to legal representation at disciplinary hearings and before the Commission for Conciliation Mediation and Arbitration (CCMA) is controversial and this issue has been in the ...

LEGAL REPRESENTATION AT DISCIPLINARY HEARINGS AND …

Author: KJ Selala CONSTITUTIONALISING THE RIGHT LEGAL ...

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Mediation and Arbitration (CCMA). In the recent case of the Law Society of the Northern Provinces v Minister of Labour1 (hereafter the Law Society case) the North Gauteng High Court, per Tuchten J struck down a rule of the CCMA which limited legal representation at proceedings of the CCMA as unconstitutional. Rule 25(1)(c) of

Author: KJ Selala CONSTITUTIONALISING THE RIGHT LEGAL ...

Arbitration - Case Studies - LawShelf Educational Media

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The original dispute concerned interpretation of this modifier. As per the arbitration agreement in the contract, the plaintiff commenced arbitration proceedings with the American Arbitration Association. The initial arbitration resulted in an award which was duly confirmed by a …

Arbitration - Case Studies - LawShelf Educational Media

Constitutionalising The Right to Legal Representation at ...

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It is asserted that although the right to legal representation is not absolute at labour proceedings, in light of the court’s decision in Law Society of the Northern Provinces v Minister of Labour it is not easy to identify the circumstances that would provide justification for the infringement of the right at CCMA arbitrations and probably ...

Constitutionalising The Right to Legal Representation at ...

Constitutionalising the Right Legal to Representation at ...

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Selala, Kobolo J., Constitutionalising the Right Legal to Representation at CCMA Arbitration Proceedings: Law Society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP) (December 10, 2013). Potchefstroom Electronic Law Journal, Vol. 16, No. 4, 2013.

Constitutionalising the Right Legal to Representation at ...

Constitutionalising the Right Legal Representation at CCMA ...

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Constitutionalising the Right Legal Representation at CCMA Arbitration Proceedings: Law Society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP) Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a …

Constitutionalising the Right Legal Representation at CCMA ...

Arbitration Pros and Cons | Nolo

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While mediation is a concept widely used in U.S., it has yet to truly benefit the legal community in Italy as a viable means to settle disputes. In Italy, mediation is a concept that is often mistakenly confused with conciliation; although the two methods have similar aspects, they are fundamentally different. To appreciate the differences between arbitration, mediation and conciliation, it is ...

Arbitration Pros and Cons | Nolo

Arbitration, Mediation and Conciliation: differences and ...

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11/10/2014 · Arbitration is a form of Alternative Dispute Resolution in which the parties work out the disputed issue without going to court. An impartial third party, known as an Arbitrator, is chosen by the parties to listen to their case and make a decision.

Arbitration, Mediation and Conciliation: differences and ...

Arbitration - Definition, Examples, Cases, and Processes

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The short course in Labour Dispute Resolution for Labour Relations Practitioners provides you with the requisite knowledge and skills for conciliation and arbitration in labour dispute enquiries before the Commission for Conciliation, Mediation and Arbitration (CCMA).

Arbitration - Definition, Examples, Cases, and Processes

Course - ce.up.ac.za

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The agreement included an arbitration clause for the resolution of disputes arising out of the contract, providing that arbitration proceedings would be held in London and that the findings and award of the arbitration court would be "final and binding. Backing off: India's Supreme Court delivers a landmark decision that repositions the country ...

Course - ce.up.ac.za

Arbitration legal definition of arbitration - Legal Dictionary

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7/31/2008 · Labour Court and the CCMA. We have often reported on how legal cases are dragged out, especially once a dispute reaches the Labour Court (LC). It is not uncommon for an unfair dismissal to take four or five years to resolve."There are serious problems, especially at the LC," says Rudi Dicks, Cosatu's labour market coordinator at Nedlac.

Arbitration legal definition of arbitration - Legal Dictionary

Labour Court and the CCMA - NUMSA

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8/15/2016 · New court ruling helps unfairly dismissed employees Aug 15 2016 17:47. Carin Smith. ... Mediation and Arbitration (CCMA) and MBS Transport regarding a party who is successful in the CCMA and who receives a monetary arbitration award in their favour. ... for example reinstatement of the employee - then contempt proceedings may be instituted in ...

Labour Court and the CCMA - NUMSA

New court ruling helps unfairly dismissed employees | Fin24

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Legal Representation in CCMA: Relevance and Purpose 1. Introduction The primary objective of this study is to critically analyze the legal impact of the North Gauteng High Court decision through Judge Tuchten in Law Society of the Northern Provinces v Minister of Labour and Others1.

New court ruling helps unfairly dismissed employees | Fin24

Legal Representation in CCMA.Relevance and Purpose

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Arbitration procedures and practice in South Africa: overview ... To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A Tool. This Q&A is part of the global guide to arbitration. ... In practice, arbitration proceedings are flexible. They generally start with the parties and their legal ...

Legal Representation in CCMA.Relevance and Purpose

Arbitration procedures and practice in South Africa: overview

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There are often questions as to whether polygraph examinations can be used in labour related cases and as part of a bundle of evidence. The simple answer is yes, polygraph examinations are admissible as evidence in labour disputes, disciplinary hearings and arbitration at the Commission for Conciliation, Mediation and Arbitration (CCMA).

Arbitration procedures and practice in South Africa: overview

Polygraph and the Law - Polygraph Institute of South Africa

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10/10/2011 · Unit 7:Arbitration and Conciliation Act 1996 The purpose of Arbitration Act is to provide quick redressal to commercial disputes by private Arbitration. Quic…

Polygraph and the Law - Polygraph Institute of South Africa

Arbitration act unit-7 - SlideShare

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Security on security – Review applications. ... Section 145 of the LRA states that the institution of review proceedings does not suspend the operation of an arbitration award unless the applicant furnishes security to the satisfaction of the court. Subsection 8 sets out the amounts required as security to be 24 months’ remuneration in the ...

Arbitration act unit-7 - SlideShare

Cliffe Dekker Hofmeyr - Security on security – Review ...

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According to a 2018 study of AAA-ICDR B2B commercial awards, arbitrators made decisions in favor of one party in over 94.5% of the cases.

Cliffe Dekker Hofmeyr - Security on security – Review ...

ADR.ORG

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Most CCMA Commissioners have been allocated a matter for dispute resolution in from LAW MRL3702 at University of South Africa

ADR.ORG

Most CCMA Commissioners have been allocated a matter for ...

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except in the case of notification by registered post in which case an additional seven days are added. The arbitration proceedings are on record and do not remain confidential as is the case with the conciliation process. During the arbitration hearing, both parties are given an opportunity to state their case, call witnesses and lead

Most CCMA Commissioners have been allocated a matter for ...

The arbitration proceedings are on record and do not ...

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Downloadable! The study involves a statistical analysis of the case management system (CMS) database of the Commission for Conciliation Mediation and Arbitration (CCMA) for the financial years 2001/2, 2003/4 and 2004/5. It focuses on statistical indicators that shed light on the administrative efficiency of the CCMA and the outcome of proceedings at the CCMA as a basis for assessing its ...

The arbitration proceedings are on record and do not ...

The Regulatory Efficiency of the CCMA: A Statistical ...

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Understanding the Efficiency and Effectiveness of the Dispute Resolution System in South Africa:An Analysis of CCMA Data. 2009. Haroon Bhorat. Download with Google Download with Facebook or download with email.

The Regulatory Efficiency of the CCMA: A Statistical ...

(PDF) Understanding the Efficiency and Effectiveness of ...

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The CCMA brought an application to review the award on, inter alia, the ground that the commissioner had committed a gross irregularity in that he had failed to consider and attribute weight to the fact that the employee had given false evidence both at the disciplinary enquiry and in the arbitration proceedings. Labour Court decision

(PDF) Understanding the Efficiency and Effectiveness of ...

CCMA | Labour Law Offices

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the basis of all evidence led at the CCMA arbitration proceedings, including evidence that had not been led at the internal disciplinary hearing. The Constitutional Court had to decide whether a commissioner at CCMA arbitration was performing an administrative function. …

CCMA | Labour Law Offices

1. INTRODUCTION - openaccesslibrary.org

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Arbitration definition, the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them: Rather than risk a long strike, the union and management agreed to arbitration. See more.

1. INTRODUCTION - openaccesslibrary.org
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