Question:

I have been dismissed from employed on in May 2009 and went through CCMA and my arbitration was completed in December. The reward is that substantive unfairness and retrospective reinstatement dating back to May. However the commissioner also stated that I am not entitled to any back pay. Is this not a contradiction and how do I challenge this award?

Answer:

The commissioner may make any appropriate decision they see fit. The only way to challenge the award is via a labour court application to review the award. This will be costly and prolonged. Until I see the contents of the award I cannot make any calls as to the merits.

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