Labour Court Main Division - 2024 January

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January 2024

Labour Law Arbitration award – Section 89(1)(a) of the Labour Act 11 of 2007 – A party to a dispute may appeal to the Labour Court against an arbitrator’s award made under s 86 on inter alia any question of law alone.

Labour Law – Arbitration Award – Award for monetary compensation – Calculation of – Whether evidence was led to enable the arbitrator to make a monetary compensation award.

Labour Law Arbitration Award – Appeal to Labour Court – Interference by this court can only take place where no reasonable court could have come to the conclusion that the arbitrator has come to or no evidence was led – Compensation award for lost salary made in the absence of evidence, and in the absence of agreement between the parties on the monthly income – Award perversely made, and a valid question of law is to be determined on appeal.

12 January 2024