MARIUS SCHEEPERS
LABOUR ATTORNEY

Items covered in this chapter include :

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Plan the negotiation
 

• Know your own case
   

• The merits of the case
   

• Quantum
   

• Know which issues to prove in your case
   

• Identify and understand the relevant law
   

• Know your opponent
   

• Procedural and substantive fairness
   

• Is there a difficult legal question to be considered?
   

• The other party's demands
   

• The employer's response to the employee's demands
   

Alternative Dispute Resolution
 

Opening the negotiation
 

Bargaining
 

Closure and agreements-suggestions for avoiding deadlocks
 

Settlements
 

Extent of any possible offer for settlement
 

The Settlement agreement
 

Party in breach of the settlement agreement
 

The powers of the Commissioner at the conciliation
 

The functions and objectives of the Commissioner
 

• Mediators
   

• Strategy
   

• Objectives and criteria
   

• Timing of entry
   

• Strategy and tactics
   

• Rights and interest disputes
   

Deadlock at the Conciliation
 

Confidentiality at Conciliation