Labour Arbitration 2ed

Special Features

The Appendices include a glossary of terms to facilitate access to lay people; as well as the relevant forms, and codes of Good Practice. Adv Peter Kantor’s updated treatment of the CCMA rules — previously published as a separate work by Siber Ink — has been included, with commentary and rules for the conduct of proceedings before the CCMA. The Must Know boxes throughout the text allow for quick reference and ensure the information is accessible and easy to understand.

Endorsements

"I found it an indispensable tool that assisted me greatly as an arbitrator, and gave me an unfair advantage over those less fortunate practitioners who had not studied it when representing parties at arbitration.

The new, expanded edition will prove to be even more invaluable for arbitrators and practitioners alike. It is written in plain English and contains practical advice on all stages of arbitration...

No labour law practitioner or trade union representative should be without this book."

Judge Anton Steenkamp — Judge of the Labour Court

Endorsements from the previous edition:

“The tone of [this] book is sensible and authoritative, the language clear and helpful. …. Employees, managers and trade unions alike will all find this a great help.”

Sarah Christie — Senior Commissioner of the CCMA; Fellow of the Institute of Development and Labour Law, UCT; Judge of the World Bank Administrative Tribunal.

“Clearly written and comprehensive. You will find all the principles — and pitfalls — of labour arbitration between these covers.”

Dr John Grogan — Advocate, arbitrator, author, former Acting Judge of the Labour Court, former Professor of labour law.

Table of Contents

Foreword
Preface

SECTION A
1. Preliminary Issues
2. Misconduct: Legal Principles
3. Incapacity: Legal Principles
4. Unfair Labour Practices: Legal Principles
5. Basic Law Of Evidence
6. Preparation For Arbitration
7. Practice And Procedure
8. Processes Before Arbitration
9. The Arbitration Hearing
10. The Award: Rescission, Review And Enforcement
11. Other Disputes

SECTION B
APPENDICES
1. Glossary of Terms
2. Code of Good Practice: Dismissal
3. Code of Good Practice on Key Aspects of Disability in the Workplace
4. Code of Good Practice on Key Aspects of HIV/AIDS and Employment
5. Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace
6. CCMA Tariff of Fees

SECTION C

CCMA rules and commentary

Rules for the conduct of proceedings before the CCMA

About the authors

Barney Jordaan

BA (Law) LLB LLD

Apart from his academic involvement as professor extraordinaire at the University of Stellenbosch Business School, Barney is a director and co-founder of Maserumule Consulting, a leading firm of employment relations, employment law and organisational growth specialists. He is also as a senior arbitrator and mediator, certified by the International Mediation Institute in The Hague. In May 2011 he was appointed as external short-time consultant to the World Group Office of Mediation Services. During 1996-1999 he was part-time senior commissioner at the CCMA and part of the training panel for the first intake of commissioners.

Peter Kantor

B. Comm. LLB, Adv. Dip. (Lab).

Formerly a director of a Cape Town firm of attorneys, where he specialised in labour law. Peter now runs a legal consultancy, Kantor Legal Services CC, in Cape Town. He also practises as an advocate of the High Court of South Africa and is Chairman of the Environmental Law Association of South Africa.

Craig Bosch

BA LLB (Stell) LLM (UCT)

Currently a mediator, arbitrator and research associate Nelson Mandela Metropolitan University Faculty of Law as well as guest lecturer at universities in South Africa. He is a part-time senior commissioner at the CCMA and a panellist for the Clothing Manufacturing Industry, South African Local Government, Education Labour Relations and the Metal and Engineering Industries Bargaining Councils. Craig is a fellow of the Association of Arbitrators and a member of SASLAW. Authors: Jordaan, Kantor, & Bosch