Tag: arbitrator
Bias of presiding officers must be proven
The law affords employees the following procedural rights before being dismissed for misconduct or poor performance:
Who decides whether an arbitration agreement is valid – the court...
In a dispute over whether an arbitration could be held to resolve the dispute between the parties, one party alleged that the arbitration agreement itself did not exist for lack of agreement between them.
PODCAST | Arbitrators can be taken to task
An interview with Ivan Israelstam, Chief Executive, Labour Law Management Consulting, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing whether either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making their award, has materially broken a rule.
Arbitrators can be taken to task
Either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making his/her award, has materially broken a rule. This is different to an appeal because an appeal is lodged, not against the arbitrator’s conduct, but rather against his/her decision.
Is Alternative Dispute Resolution all it’s made out to be?
In today’s fast-paced business environment, where time is of the essence, any manner in which processes can be streamlined, made more efficient, and concluded within a shorter time frame than previously possible, is generally met with positivity and appreciation.
