4 Questions to consider when taking an Arbitration Award on review

An Arbitration Award made by a Commissioner is binding and final. The Labour Relations Act (the “LRA”) does not allow a party to appeal against an arbitration award, but in terms of Section 145 of the LRA the Award may be taken on review.

 

1. What is an Arbitration Award?

An Arbitration Award is made where both parties attended the Arbitration proceedings. This is where the Commissioner will consider the evidence presented to him by both the Employer and the Employee and make a ruling.

 

2. Who may take a matter on review?

Either the employer; employee or their representatives may take a matter on review.

 

3. Time limits to review

If you wish to take a matter on review, you need to act quickly. The LRA states that a review must be lodged within 6 (six) weeks from the date when the arbitration award was received. The reason being that a review is seen as having the same nature as an urgent application and the legislature had the intention that it should be dealt with on an urgent basis.

If you are outside the 6 (six) week period as prescribed by law, you have to apply for condonation. (Condonation is explained in another article

 

4. To review or not to review?

It is recommended to consult with an attorney, if you want to take a matter on review. The reason being, that in order for a review application to succeed in the Labour Court the commissioner had to act irregular in such a way that the LRA deems his actions to be that of a misconduct.

 

One of the main questions that needs to be answered is whether the decision reached by the commissioner is one that a reasonable decision-maker could not reach?

 

This question was established in Sidumo v Rustenburg  Platinum  Mines Ltd  & Others [2007] 12 BLLR 1097 (CC). The courts further stated in Goldfields Mining SA [PTY] Limited v CCMA 2014 35 ILJ 943 (LC)that there are 5 [five] questions to ask when looking at the reviewability of the award.

 

  1. Did the commissioner give the parties full opportunity to have their say?
  2. Did the arbitrator identify the dispute he was required to arbitrate?
  3. Did the arbitrator understand the nature of the dispute?
  4. Did the arbitrator deal with the substantial issues of the dispute?
  5. Did the arbitrator reach a descision that another descision maker could reasonably have reached?

 

When deciding whether the matter is reviewable, the above needs to be considered. Taking a matter on Review is a Labour Court process and can become costly. One needs to be sure that the matter is indeed reviewable.

 

There are different ways in approaching an Arbitration Award and different ways in deciding what would be the correct approach. It is therefore important to always have all the relevant information and guidance before making a decision.

 

CONCLUSION:

When you are unhappy with the outcome of an arbitration award, the matter must be taken on review within 6 [six] weeks from receiving the arbitration award. It is therefore important to act quickly, if not, condonation would first have to be applied for and granted by court, before you may proceed with the Review Application.

Contact Us

7 + 5 =

Vermeulen Attorneys
5.0
powered by Facebook
Cindy-lee Payne
Cindy-lee Payne
2018-10-15T10:50:14+0000
would like to thank Kaylee and Cathleen for an awesome service. friendly and very professional. would definitely recommend their serviceread more
Chandre Greeff
Chandre Greeff
2018-01-22T17:54:57+0000
Geraldine Bruce
Geraldine Bruce
2018-01-21T14:46:21+0000
Mervyn recently assisted me in a case against one of the largest financial institutions. I had really run out of options and Mervyn's knowledge and expertise convinced me right away that he was the one I wanted on my side. Mervyn and his team worked tirelessly and professionally to conclude the matter and I am extremely grateful my 3 year nightmare is finally over. I would definitely recommend Vermeulen Attorneys.read more
Christopher Evans
Christopher Evans
2018-01-14T10:09:01+0000
I am very impressed with Mervyn's professionalism, and willingness to go the extra mile. Vermeulen Attorneys have really outdone themselves in assisting me in a very trying time.read more
Cathy Foster
Cathy Foster
2017-05-18T11:06:03+0000
I have been using Vermeulen attorneys for more than 3 years in my business. I have had nothing but excellent service and regular feedback on all my cases. I highly recommend them.read more
Liyana Van Heerden
Liyana Van Heerden
2017-04-05T12:58:04+0000
Excellent feedback and Results. Vermeulen Attorneys handle all our outstanding accounts and have always proven themselves worthy of settling payment in the shortest of time frames. Their rates is affordable from small to big operating companies. The give excellent feedback so you always know where your case is standing. Glad we started working with them as they are saving us a lot of trouble and money.read more
Rina Snyders
Rina Snyders
2016-09-14T07:57:34+0000
WOW! Vermeulen Attorneys is nothing short of AMAZING. They handled my case so professionally and made sure justice was served. I am so grateful to have a lawyer like Mervyn represent me. Thank you. Your work is exceptional.read more
Daniela Pucci
Daniela Pucci
2016-08-02T14:22:30+0000
Cannot thank Vermeulen Attorneys enough for the wonderful services delivered from start to end. Due to your attentive & professional advice received on the matter, this created a preferred environment for ones difficulties in any situation. Thank you! this ensured a we underwent kept every attribute to the situation.read more
Pieter Van Rooyen
Pieter Van Rooyen
2014-02-09T17:09:33+0000
Lorraine Sigasa
Lorraine Sigasa
2014-02-04T23:49:12+0000
Bianca van Heerden
Bianca van Heerden
2014-02-04T11:36:33+0000
Next Reviews
Share This