Prepare for Arbitration

Build your evidence bundle, prepare witnesses, and draft closing arguments

Formal Hearing (LRA s138)

Evidence Bundle Builder

Upload and organize your documents — auto-numbered and ready for the hearing

Drop evidence documents here
Contracts, emails, payslips, photos, disciplinary records

No documents uploaded yet. Use the zone above or add manually below.

Witness Manager

Add witnesses — we will generate subpoena requests and contact lists

No witnesses added yet.

Closing Arguments Builder

Commissioners often request written closing arguments. Tell us what happened — we will draft a template.

How This Works

Describe what happened during the hearing, or upload the audio recording. We will identify key legal issues and draft closing arguments referencing relevant LRA sections and case law. You review, edit, and submit.

Day-of Hearing Checklist

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  • Wake up 2 hours before hearing time
    Allow for traffic, parking, and security
  • Dress professionally (business attire)
    First impressions matter to the arbitrator
  • Bring 3 copies of every document
    One for you, one for arbitrator, one for employer
  • Confirm witnesses are attending
    Call them the night before
  • Opening statement printed and rehearsed
    5 minutes max — state facts, not emotions
  • Prepare questions for employer's witnesses
    Focus on inconsistencies and missing facts

Arbitration is a formal hearing where an arbitrator hears evidence and makes a binding decision (an "award"). Unlike conciliation, arbitration follows court-like procedures (LRA s138).

Typical structure:

  1. Opening statements — Each party outlines their case (5-10 min)
  2. Applicant's evidence — You testify, present documents, call witnesses
  3. Cross-examination — Employer questions your witnesses
  4. Respondent's evidence — Employer presents their case
  5. Cross-examination — You question employer's witnesses
  6. Closing arguments — Summarize key points and legal arguments
  7. Arbitrator's award — Issued within 14 days (usually)

Duration: Usually 1-3 days. Complex cases may take longer.

Recording Option
You may wish to consider recording the arbitration hearing. Under RICA, a participant may record without notification. A recording can assist with preparing closing arguments and may be relevant if a review application becomes necessary.

Tip: A digital voice recorder (R300-R800) is sufficient. Test it before the hearing. Bring spare batteries or a power bank. If you cannot afford one, ask the CCMA if they provide recording — some offices do.

  • Relevance only — Evidence must relate directly to the dispute
  • Original documents preferred — Bring originals, keep copies
  • No written contract? — Verbal employment agreements are valid. Prove terms with payslips, bank statements, WhatsApp messages, or colleague testimony.
  • Chain of custody — Be able to explain where each document came from
  • Witnesses must attend — Written statements alone are weak; live testimony is stronger
  • Hearsay is limited — What someone told you is generally not admissible unless they testify
  • Subpoenas available — If a witness refuses, request a subpoena from the CCMA (LRA s142)
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