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The correction of party names is inconsequential and does not invalidate the award; jurisdiction is determined by the location of the cause of action, not the employer's office; respondent was entitled to compensation and leave pay as the evidence supported a one-year fixed term contract and unlawful termination.
Source excerpt
The High Court Labour Division overruled a preliminary objection that a labour revision was res judicata, holding the challenged CMA correction ruling was distinct from the earlier award revision.
The application cannot proceed because there is no evidence that the parties complied with the court's prior order to correct the respondent's name at CMA; the purported ruling is invalid as it is not supported by the CMA record.
Source excerpt
The High Court held that the applicant and the named debtor were the same person, treated the mismatch as a misnomer, dismissed the application, and allowed execution to proceed.
The Mediator properly exercised discretion to correct the party name, and the Applicant failed to prove a valid and fair reason for termination, both substantively and procedurally, as required by law. The termination was therefore unfair.
Source excerpt
The High Court upheld a CMA award, finding the mediator could correct the party name and the employer failed to prove a fair reason and procedure for dismissal.
The court found that dismissing the appeal for want of prosecution was an error, as the amended petition was filed out of time and thus incompetent; the proper remedy was to strike out the appeal. Naming errors were cured by the oxygen principle, but applicants cannot benefit from their own mistakes.
Source excerpt
The Court of Appeal dismissed an application for revision, holding that earlier correction of party names resolved the confusion and no point of law was disclosed.
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