While there have been a lot of developments in respect of the new labour law amendments, it is important to take a moment and reflect on the relevance and importance of arbitration proceedings and especially in light of the stringent test for review proceedings now well entrenched by the Labour Appeal Court and Supreme Court of Appeal.

The majority of participants to arbitration proceedings (including arbitrators) accept that once the fairness of the dismissal has not been proven that the employee is entitled to the relief he or she is seeking as a consequence of the dismissal.

This is not necessarily the case and highlights the importance of focusing on the conduct of the employee exhibited during the course of the proceedings. Failure on the part of an arbitrator to consider any evidence presented on the appropriateness of the relief to be awarded could render the award reviewable within the prescript of what is now a very stringent test for review applications.

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