Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationGuidelines on Misconduct ArbitrationB: How to Conduct Arbitration ProceedingsNature of an arbitration |
| (17) | An arbitration is a new hearing, which means that the evidence concerning the reason for dismissal is heard afresh before the arbitrator. The arbitrator must determine whether the dismissal is fair in the light of the evidence admitted at the arbitration. The arbitrator is not merely reviewing the evidence considered by the employer when it decided to dismiss to determine whether the employer acted fairly. This does not prevent the arbitrator from referring to an enquiry record insofar as it is admitted as evidence in the arbitration. An arbitrator may draw a positive inference if a witness' evidence is consistent with the record while an adverse inference may be drawn if a witness changes their version. |
| (18) | Arbitration typically involves six stages. The stages normally follow the sequence set out below but may occur differently in a particular case. The stages are— |
| (18.1) | preparation and introduction; |
| (18.2) | the preliminary issues; |
| (18.3) | narrowing the issues; |
| (18.4) | the hearing of evidence; |
| (18.5) | the concluding arguments; and |
| (18.6) | the award. |
