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ARBITRATION
As arbitrator, appointed on the General Commercial
Panel at AFSA (Arbitration Foundation of South Africa) a professional
service as arbitrator in any private dispute will be delivered.
What is important is that the parties in the dispute
must have an agreement in place, stipulating that Arbitration can
be used to resolve a dispute between the parties. If agreement does not
stipulate that Arbitration can be used as Dispute resolution, the agreement
can be amended by including a dispute clause. This must be done if all
parties to the dispute agree to this.
Besides the services as Arbitrator we can also
assist with the preparations for arbitration if we are not appointed
as Arbitrator in the specific dispute.
DISCIPLINARY HEARINGS / ENQUIRIES
Disciplinary Hearings / enquiries is time consuming
for the employer and this office can assist in conducting these hearings
/ enquiries as chairperson.
It will be done in terms of the Labour Relations
Act and Basic Conditions of Employment Act, Disciplinary Codes, Employment
Contracts, and/or if in place any negotiated agreement between the employer
and employees.
This office can also assist with enquiries regarding
misconducts, possible dismissals and other labour issues.
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Arbitration proceedings means proceedings conducted
by an arbitration tribunal for the settlement by arbitration of a dispute,
which has been referred to arbitration in terms of an arbitration agreement (Section
1 of the Arbitrations Act 42 of 1965).
Arbitration is a process whereby the parties to
a dispute refer that dispute to a third party, known as a arbitrator,
for a final decision, after the arbitrator has first impartially received
and considered evidence and submissions from the parties. The reference
to the arbitrator takes place pursuant to an agreement between the parties.
The Arbitrator, in resolving the dispute, is
not an ordinary court of law but a person chosen by the parties, (“Arbitration
of South Africa” Butler and Finsen, 1993 - AFSA Module 3 page 1).
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Disciplinary enquiry/hearing means proceedings
conducted by a chairperson and employer representative to address misconduct
of employees in the workplace, in terms of the Labour Relations Act,
Act 66 of 1995, Basic Conditions of employment Act, Act 75 of 1997, Employment
contract, Disciplinary Codes and/or any collective agreement regarding
disciplinary process in the workplace.
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