ARBITRATION
Arbitration is a useful process to achieve the finalisation of a dispute.
Utilising the process of inquiry by arbitration, as provided for in s188A of the Labour Relations Act, ensures that the outcome of a disciplinary enquiry is final and no further process may be followed thereafter.
Senior employees, those earning above the Ministerial threshold, can have an inquiry by arbitration included in their contract of employment.
Private agreements could also be reached setting out the circumstances under which an inquiry by arbitration would take place.
Arbitration in respect of commercial or contractual disputes may take place under the Arbitration Act, 42 of 1965