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Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Guidelines on Misconduct Arbitration

B: How to Conduct Arbitration Proceedings

Argument (stage 5)

 

 

(43) The purpose of stage 5 is to allow the parties to the dispute to argue in support of their version in the case. The parties should be invited to address the arbitrator on the following issues in their concluding arguments—
(43.1) what facts they rely on in support of their cases;
(43.2) why those facts should be believed or why those facts should be accepted as the more probable version;
(43.3) what relief is sought or opposed; and
(43.4) what legal principles or authority they rely on in their cases.

 

(44) In complex cases, the arbitrator may, in addition, allow the parties to file written arguments within seven days of the hearing.

 

(45) If during the process of making an award, the arbitrator considers relying on a point not  relied upon during the proceedings, the arbitrator must call upon the parties to make written or oral submissions before making an award based on that point.