ARTICLE · 13 AUGUST 2024

When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings

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Section 158(1B) of the Labour Relations Act ("LRA") prohibits the Labour Court from reviewing any decision or ruling made during conciliation or arbitration proceedings...

South AfricaEmployment and HR

Tshepo Mofokeng

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Section 158(1B) of the Labour Relations Act ("LRA") prohibits the Labour Court from reviewing any decision or ruling made during conciliation or arbitration proceedings conducted under the aegis of the Commission for Conciliation, Mediation and Arbitration ("CCMA") or any bargaining council before the issue in dispute has been finally determined by the CCMA or the bargaining council. However, the Labour Court may intervene if it is of the opinion that it is "just and equitable" to do so. Despite this, it is not uncommon for aggrieved parties in arbitration proceedings to approach the Labour Court on an urgent basis and request that the Labour Court stay the arbitration proceedings pending the finalisation of a review application instituted prior to the conclusion of the arbitration.

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