LLA 1650 Recusal applications

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About Course

LLA 1650 Recusal application

A recusal application is an application for the removal of an arbitrator or chairperson with a view to their replacement by another.

While in arbitrations in terms of the LRA the CCMA appoints the arbitrator, the parties may apply for the arbitrator to recuse himself. Such applications are almost always made verbally at the commencement or during the hearing or arbitration. This makes it vital for Practitioners to know how to make and how to respond to such applications off the cuff.

This section discusses when such applications should be made, how they should be made and how an arbitrator should respond to such an application.

The same principles as discussed here apply in applications to the Labour Court reviewing an award. An award may be set aside on review because the arbitrator was held to be biased and therefore committed misconduct in relation to his duties by depriving a party of  a fair hearing. 

 

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What Will You Learn?

  • On completion of this module and the assessment questions you will be able to-
  •  Understand what recusal means.
  •  Distinguish between when an arbitrator is required to recuse herself and when not.
  •  Identify the roles of each party in a recusal application.
  •  Explain the reasons why an arbitrator may be asked to recuse himself.
  •  Demonstrate an ability to make a recusal application.
  •  Evaluate an application for recusal.

Course Content

LLA 1650 Recusal applications
This course is undertake in 10 short modules all of which are combined here.

  • Modules 1 to 9
    00:00
  • LLA 1650 Recusal applications Quiz