What is Expected from Arbitrators According to the Labour Relations Act?
This year has seen some of the most frequent labour disputes between employer and employee regarding retrenchment and reinstatement. In many cases, such disputes are arbitrarily resolved, avoiding any litigation procedures for the sake of both parties. Today we will discuss the role of an arbitrator in such disputes and how arbitration works as a process to resolve legal matters. This will give you a better understanding as to what lies ahead when entering a legal dispute with your employer or employee.
What is an Arbitration?
An arbitration is an alternative dispute resolution procedure where involved parties assign a partial 3rd party to act as an arbitrator for their legal dispute. Arbitrators can be a labour lawyer in the case of a labour dispute, an expert on the specific subject, or an entire panel of people. The ruling of an arbitration is called an award and can be enforced in a court of law. Arbitrations aim to establish facts about the dispute to come to a fair and lawful conclusion. This puts significant weight on the arbitrator to determine which party that they will rule in favour of.
How Does an Arbitrator Reach a Verdict?
The Labour Relations Act 66 of 1995 (LRA) gives a commissioner the permission to act as an arbitrator and is expected to conduct an arbitration in an appropriate and legal manner. When it comes to dismissal matters, the arbitrator must stay true to the Code of Good Practice. In the case of dismissal as a result of misconduct, they must adhere to the Guidelines on Misconduct Arbitrations. Arbitrators are also bound by the judicial decisions of the courts to make lawful, reasonable, and procedurally fair findings on labour law cases. Therefore, if such a person is a labour lawyer, they can award the case based on knowledge, expertise, and experience.
Allardyce & Partners Attorneys is your first choice is you are looking for expert labour lawyers who are versed in the uncertain and commonly misinterpreted labour laws of South Africa. If you face a legal dispute regarding your employment, our services are tailored to suit your needs. Contact us today on 011 234 2125 or email us at enquiries@www.allardyce.co.za for more info.
