SHUT THE DOOR ON THE WAY OUT
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