It should be noted that as Employers, they are largely responsible for presenting their own Arbitrations. Invariably, we as lawyers are allowed to come to the Arbitrations and to represent our clients. However, on some occasions, when this is not done, the Arbitrator makes a decision on the evidence that is presented before him or her. This decision is not appealable and is final and binding. On very few occasions, the Employer, if unhappy, can take the matter on review to the Labour Court. It should be noted that review is not an appeal and the only “bite at the cherry” is allowed at the Arbitration. It does not help to say that you have witnesses that could prove certain events. The witness must be present. It must be remembered that the Arbitration is the last venue. It is also important for the employer to understand that invariably they bear the onus, i.e. they must start giving their evidence first and the evidence must be full and clear. It must also be understood that this evidence should cover and oppose every eventuality that the employee might state, even if that eventuality is a lie. Employees invariably have Union representation who will certainly test the employer’s case from every angle. It is recommended that each and every employer obtain legal advice before entering into an Arbitration no matter how trivial the case might be.

Contact Bernard Reisner 021 423 3959 or e-mail bernard@capelabour.co.za