Matiko v Friedman N.O and Another (JR570/2023)
Matiko v Friedman N.O and Another (JR570/2023) [2024] ZALCJHB 473 (28 November 2024)
The Labour Court held that the review of private arbitration awards is strictly confined to the grounds set out in section 33(1) of the Arbitration Act, namely misconduct, gross irregularity, excess of powers, or improper procurement of the award. The applicant's first two grounds for review, which attacked the merits of the arbitrator's findings and alleged errors of law, were found to be misconceived, as errors of law or fact do not constitute reviewable irregularities in private arbitration. The arbitrator did not misconceive the nature of the inquiry or his duties, and the process was fai…
Source excerpt
- Private Arbitration Review
- Arbitration Act Section 33
- Cost Orders In Labour Disputes
- Probationary Employment
- Procedural Irregularity
- Judicial Discretion