Arbitration has become an increasingly popular method of resolving disputes between employers and employees in South Africa. It is a private, alternative dispute resolution process that allows parties to resolve their disputes outside of the courts. This method of dispute resolution is particularly useful in the context of employment contract disputes, where the parties often have a continuing relationship and it is important to maintain a working relationship after the dispute is resolved.
Advantages of arbitration
There are several advantages to using arbitration to resolve employment contract disputes in South Africa. One of the primary advantages is that it is a confidential process, which means that the details of the dispute and the resolution are kept private. This can be particularly important in employment contract disputes where the parties may not want the details of the dispute to be made public.
Another advantage of arbitration is that it is a quicker and more cost-effective process than going to court. This is because the parties can agree on the procedures and timeline for the arbitration, which means that the process can be tailored to the needs of the parties.
Legal framework for arbitration
The legal framework for arbitration in employment contract disputes in South Africa is provided by the Labour Relations Act (LRA) and the Arbitration Act. The LRA governs the relationship between employers and employees, and the Arbitration Act governs the arbitration process itself.
Under the LRA, disputes between employers and employees can be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) or to a private arbitrator. The CCMA is a statutory body established to resolve disputes in the workplace, and it provides a cost-effective and efficient alternative to the courts.
Role of the arbitrator
The role of the arbitrator in employment contract disputes is to make a final and binding decision on the dispute. The arbitrator is an independent and impartial third party who is appointed by the parties or by the CCMA.
The arbitrator will conduct the arbitration in accordance with the agreed procedures and will make a decision based on the evidence presented. The decision of the arbitrator is final and binding on the parties and can only be overturned on limited grounds.
Conclusion
Arbitration is an effective method of resolving employment contract disputes in South Africa. It provides a quicker and more cost-effective alternative to the courts and allows the parties to maintain a working relationship after the dispute is resolved. The legal framework for arbitration is provided by the LRA and the Arbitration Act, and the role of the arbitrator is to make a final and binding decision on the dispute.