autrefois acquit

Double Trouble: Double Jeopardy and SAMWU Obo Malatsi v SALGBC & Others

14th October 2025|Labour Law, Litigation|

Where an arbitrator has already sanctioned specific conduct, an employer cannot “try again” internally. Its only lawful recourse is to take the award on review in an attempt to have it set aside. Employers must therefore treat arbitration awards as not merely procedural setbacks, but binding decisions with disciplinary force. Anything less risks costly reinstatements years later.

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