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Taking an award on review at Labour Court can take a very long time. The need to save time and to reduce the pressure on the courts raises two questions: Firstly, is it legal for parties to agree to take a CCMA arbitration award to a private dispute resolution panel for adjudication? And secondly, under what circumstances would the private adjudicator’s finding be legally binding?
The only private arbitrations which are not permissible (in terms of the Arbitration Act) (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status. Anything else can be resolved in terms of the Arbitration Act. Therefore, provided the arbitration is conducted in terms of the provisions of the Arbitration Act (there is a written agreement between the parties which provides for the issue to be adjudicated by a named panel and terms of reference), the award would be final and binding and only subject to review in very narrow circumstances.
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