10 Questions
What must the arbitrating commissioner provide according to the text?
A summary of the issues, evidence, arguments, and factual findings together with the decision
What is the limitation of the arbitrating commissioner's discretion in terms of the LRA?
The provisions of the LRA, such as remedies for unfair dismissal or unfair labour practices
What must an 'appropriate' award take cognisance of?
The provisions of the LRA and apply them rationally
What is the purpose of the arbitrating commissioner's summary of the issues, evidence, arguments, and factual findings?
To provide a clear and comprehensive decision
What is the relevance of the LRA's provisions in terms of the arbitrating commissioner's award?
The LRA's provisions provide guidelines for the award
What is the role of the director of the CCMA in terms of the period for the arbitrating commissioner's decision?
The director may extend the period for the decision on good cause shown
What is the significance of the labour court's decisions in terms of the arbitrating commissioner's award?
The labour court's decisions provide guidance for the arbitrating commissioner's award
What is the purpose of the arbitrating commissioner's decision?
To resolve the dispute between the parties
What is the limitation of the compensation granted by the arbitrating commissioner?
The compensation is limited by the LRA's provisions
What is the relevance of the facts in the arbitrating commissioner's decision?
The facts are necessary to provide a clear and comprehensive decision
Study Notes
Appointment and Impartiality of the Commissioner
- A commissioner is appointed by the CCMA to arbitrate a dispute if a certificate stating that the dispute remains unresolved has been issued and a party to the dispute has requested arbitration within 90 days of the issue of the certificate.
Powers of the Arbitrating Commissioner
- The commissioner has the power to direct the referring party to deliver a statement of case and other parties to deliver an answering statement.
- The commissioner has discretion to continue with the matter or not if a party fails to comply with delivering the statement.
Pre-Arbitration Procedures
- A pre-arbitration conference may be held to clarify issues and assist in resolving the dispute.
- Statements of case and answering statements may be directed by the CCMA or commissioner to assist in clarifying issues.
Representation at the Arbitration
- A legal practitioner or member of an employers' organisation may represent a party at the arbitration.
Failure to Attend the Arbitration
- Failure to attend the arbitration without a valid reason may be taken into account when considering the awarding of costs.
The Hearing
- The arbitrator may admit hearsay evidence, but it must be assessed in relation to other evidence as a whole.
- The standard of proof required in arbitration proceedings is the same as in civil proceedings.
The Award
- The arbitrating commissioner may make an appropriate award in terms of the LRA.
- The award must take cognisance of the provisions of the LRA and apply them rationally.
- The remedies available for unfair dismissal or unfair labour practices, and the limits on compensation granted, must be considered when making the award.
Test your understanding of arbitration principles and powers, including appointment and impartiality of arbitrating commissioners.
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