A whole range of different disputes and the most common form of labour dispute - the unfair dismissal dispute - are required, in terms of the LRA, to be resolved by arbitration. Most arbitrations take place under the auspices of the CCMA, while in some industries bargaining councils have taken over the function, and private arbitration remains an option to those who choose and can afford it.

Arbitration is no longer the exclusive preserve of the legally trained – individuals, company and union representatives and consultants find themselves engaged in presentation of cases. Even though the CCMA processes are relatively simple, there are still basic rules and procedures that any litigant hoping to succeed needs to know.

There is also some knowledge of basic legal principles and industrial relations norms required to enable a party to properly present or defend a case. The authors of this book provide those who venture into the waters of labour arbitration (whether at the CCMA, a bargaining council or a private arbitration) with the tools to do so successfully.

Practical advice is offered on all stages of arbitration, from pre-arb to award. Basic legal principles concerning disputes over dismissals, evidence and how to prepare for and present cases for arbitration are dealt with.

Section A: Labour Arbitration

• Preliminary Issues
• Misconduct: Legal Principles
• Incapacity: Legal Principles
• Unfair Labour Practices: Legal Principles
• Basic Law of Evidence
• Preparation for Arbitration
• Practice and Procedure
• Before Arbitration
• The Arbitration Hearing
• The Award: Rescission, Review and Enforcement
• Other Disputes

Section B: Appendices

• Glossary of Terms
• Code of Good Practice: Dismissal
• Code of Good Practice on Key Aspects of Disability in the Workplace
• Code of Good Practice on Key Aspects of HIV/Aids and Employment
• CCNA Tariff of Fees
• Guidelines on Misconduct Arbitrations

Section C: CCMA Rules and Commentary

• Rules for the Conduct of Proceedings Before the CCMA
• Schedule One