Commission for Conciliation, Mediation and Arbitration > Guidelines on Misconduct Arbitration > C: Assessing Evidence and Drafting an Award

(47)	The arbitrator must issue a written award, together with brief reasons, within a time period that allows the CCMA to hand down the award within 14 days after the end of the arbitration process.12

(48)	The arbitrator should organise the award along the following lines—

(48.1)

the facts concerning the referral of the dispute;

(48.2)

any preliminary ruling and the reasons for the ruling;

(48.3)

the nature of the dispute;

(48.4)

background facts (dealt with in more detail from paragraph 50 of these guidelines);

(48.5)

a summary of the evidence (dealt with in more detail from paragraph 52 of these guidelines);

(48.6)

an analysis of the evidence (dealt with in more detail from paragraph 55 of these guidelines);

(48.7)

a conclusion on the fairness of the dismissal based on the above analysis;

(48.8)

an analysis and determination of the remedy, if necessary; and

(48.9)

the order.

12.	The Labour Relations Act Amendment Act 6 of 2014 has amended section 138(7) to remove the requirement the original arbitration award be filed with the Labour Court.

Labour Relations Act, 1995 (Act No. 66 of 1995)