CCMA Arbitration Preparation Checklist

Preparation Checklist

• Prepare argument and evidence for the arbitration process
• Arrange for relevant witnesses to attend or be readily available
• How many witnesses will be required?
• Do all the witnesses work for the company?
  Yes No
• If all the witnesses are not working at the company, must they be subpoenaed?
  Yes No
• Gather all relevant documents for the arbitration
• Exchange documents with the other party prior to the arbitration (Rule 29(1) and (2))
• Agree on a bundle of documents for use in the arbitration
• Hold a pre-arbitration conference (if applicable)
• File pre-arbitration conference minute with CCMA (if applicable)
• Arrange representation (if needed and allowed)
• Is legal representation required?
• If not, does the employer have an Employers Organisation Representative?
• If not, will the company represent itself through one of its own employees?
• Does the matter relate to misconduct or incapacity? If so, legal representation is not automatically allowed.
• If the matter relates to misconduct or incapacity, and if legal representation is going to be used, has an application for legal representation been made in terms of Rule 25 of the CCMA Rules?
• Confirm arbitration date, time, and venue
• Arrange transportation and parking
• Ensure no firearms are brought to CCMA premises

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