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The High Court partly allowed a labour revision, finding the termination substantively fair but procedurally unfair for failure to serve the investigation report and defective disciplinary composition.
The court found that the respondent was constructively dismissed due to intolerable working conditions created by the employer, but there was no legitimate expectation of contract renewal. The respondent was entitled only to compensation for the remaining period of the fixed term contract, not the full award granted by the Commission.
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The court found that the respondent's termination was substantively fair due to proven misconduct but procedurally unfair because the investigation report was not availed to the respondent. As a result, the compensation for unfair termination was reduced from 12 months to 6 months' salary.
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The High Court revised a labour award, holding that the bank failed to prove gross negligence against the applicants and awarding each 12 months' salary compensation.
The applicant was duly served with summons for all relevant CMA proceedings but willfully failed to appear. The CMA arbitrator properly issued the ex parte award and dismissed the application to set aside the ex parte award. The applicant failed to provide sufficient reasons for non-appearance and did not follow proper procedure in appointing legal representation. The termination of the respondent was both substantively and procedurally unfair, and the award of compensation and severance pay was justified.
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The court found that the respondent complied with all procedural requirements for termination, including proper notification, opportunity to respond, and fair composition of the disciplinary committee. The applicant failed to prove any procedural irregularity that prejudiced him. Termination was both substantively and procedurally fair, and the application was dismissed for lack of merit.
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High Court revision of a labour award: the court held the termination was substantively and procedurally fair and set aside the CMA award.
The High Court allowed a labour revision and set aside a finding of fair termination, holding the employer failed to prove alleged bribe solicitation.
The High Court upheld unfair termination findings, deducted duplicate notice and leave payments, and held the compensation award subject to tax assessment by TRA.
The High Court upheld the employee’s misconduct findings but set aside the CMA award, holding the dismissal procedurally unfair and granting limited compensation.
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