Arbitration

The Enforcement of Arbitration Awards

When a dispute has been referred to the CCMA or Bargaining Council, and the matter proceeds to an arbitration hearing, the Commissioner will proceed to make the appropriate ruling and issue an arbitration award, against either the Applicant or Respondent, depending on the facts of the dispute.   Section 143 of the LRA (Labour Relations [...]

2018-10-19T11:58:54+00:00July 6th, 2018|Arbitration|Comments Off on The Enforcement of Arbitration Awards

Abandonment of Arbitration Proceedings

Section 138 (5) of the Labour Relations Act (as amended) stipulates that: “If a party to the dispute fails to appear in person or to be represented at the arbitration proceedings, and that party - (a) had referred the dispute to the Commission, the commissioner may dismiss the matter; or (b) had not referred the [...]

2018-05-02T14:35:55+00:00May 2nd, 2018|Arbitration, General|Comments Off on Abandonment of Arbitration Proceedings

Which party may apply for Arbitration?

When a dispute has been referred to conciliation only or to an objected con/arb process and the conciliation process has failed, the commissioner is duty bound to issue a certificate of non-resolution, confirming the dispute remains unresolved. With this document a party may refer the dispute to arbitration within 90 days by completing a 7.13 [...]

2018-01-25T16:26:08+00:00January 25th, 2018|Arbitration, General|Comments Off on Which party may apply for Arbitration?

How to react to the receipt of a Default Award

It is an often occurrence due to some unforeseen factor that the Respondent (employer) fails to attend a matter as set down by the CCMA or Bargaining Council. This could be because the Respondent did not receiving the notice of set down due to a technical or administrative error. […]

2017-10-11T11:17:09+00:00December 2nd, 2015|Arbitration|Comments Off on How to react to the receipt of a Default Award