Simba v Mothoka's Trading and Others (JR1384/10)
Simba v Mothoka's Trading and Others (JR1384/10) [2015] ZALCJHB 383 (29 October 2015)
The court found that the commissioner failed to conduct the arbitration in a fair and impartial manner, descending into the arena, badgering the applicant, and making xenophobic and disrespectful comments. The commissioner did not properly consider relevant evidence, including the applicant's complaints about underpayment and the circumstances surrounding the non-renewal of the contract. The first respondent did not lead any evidence to contradict the applicant's version. The conduct of the commissioner violated the principles of natural justice and audi alteram partem, rendering the award re…
Source excerpt
- Unfair Dismissal
- Fixed Term Contracts
- Reasonable Expectation
- Commissioner Bias
- Audi Alteram Partem
- Xenophobia In Labour Disputes