The answer to the above question is 'yes'.
An arbitrators' decisions isn't always final, you can challenge it
In terms of Section143 (1) of the Labour Relations Act (LRA), an arbitration award is final and binding.
Labour Expert, lvan lsraelstam explains in a Skills Portal article that this section misleads employers and employees into believing that they can't apply for an arbitrator's decision to be overturned.
This is an incorrect assumption.
lsraelstam says 'either party can take the arbitrator's conduct on review to the Labour Court if they're able to prove that the arbitrator, in making his award, has materially broken a rule thereby committing misconduct.'
Note: 'This is different to an appeal because an appeal is made, not against the arbitrator's conduct, but rather against his decision.'
Misconduct by an arbitrator could arise in these instances:
According to lsraelstam, arbitrator 'misconduct' can and does occur in many different forms including, amongst others:
While we're still on the issue of challenging decisions, remember that if the CCMA awards against your company, you can't appeal against the decision. BUT you can apply for rescission or request a review.
Experts at the Labour & HR Club say a rescission is when an award is cancelled. It's as if it never existed and the arbitration proceedings start afresh.
Knowing what the law says about arbitrators' decisions will help ensure you enforce your rights when it comes to labour disputes.
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