SHUT THE DOOR ON THE WAY OUT

Business Day - Business Law and Tax Review - - BUSINESS LAW & TAX REVIEW -

agree­ment. The agree­ment pro­vided, among other things, that the em­ployer would re­in­state the em­ploy­ees “with ef­fect from” Septem­ber 19 2011. What was left to be de­ter­mined by the ar­bi­tra­tor was the amount of back pay payable. In 2012, the ar­bi­tra­tor awarded back pay ret­ro­spec­tively to

At the Labour Court the em­ployer ar­gued that the ar­bi­tra­tor had mis­in­ter­preted the set­tle­ment agree­ment

the em­ploy­ees ie from the date of their dis­missal in Fe­bru­ary 2006 to the date of re­in­state­ment in 2011.

The em­ployer took this de­ci­sion on review. At the Labour Court the em­ployer ar­gued that the ar­bi­tra­tor had mis­in­ter­preted the set­tle­ment agree­ment, but more specif­i­cally the

Pic­ture: iSTOCK

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