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The Court found that the respondent failed to follow proper procedure by initiating disciplinary proceedings prematurely, did not conduct a proper investigation, and failed to adduce evidence at the ex parte disciplinary hearing, rendering the termination both substantively and procedurally unfair.
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The High Court upheld a CMA award reinstating an employee, finding the employer failed to prove a valid reason and fair procedure for dismissal.
The respondent failed to prove valid reasons for termination and did not comply with mandatory procedural requirements, including proper investigation, opportunity for cross-examination, and mitigation. The evidence did not establish that the applicant was responsible for the alleged misconduct, and the relevant regulations were not tendered or explained. Therefore, the termination was both substantively and procedurally unfair.
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