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The High Court dismissed a labour revision challenge to a CMA award, finding the respondents were employees and that the fixed-term contract issues were properly assessed.
The applicant was unfairly terminated without compliance with mandatory procedures under section 37 of ELRA and Code of Good Practice; compensation for remaining contract period is warranted.
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The respondent breached the applicant's fixed term employment contract by terminating him without justification and without following proper procedures. Oral evidence sufficed to prove termination, and the arbitrator erred by requiring documentary proof.
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The applicant was terminated during the probationary period, thus only entitled to compensation for the remaining days of probation at the daily wage rate, not for the entire unexpired contract period or notice pay.
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Applicant failed to prove valid reason for termination and did not follow required procedures, including providing sufficient notice and opportunity for representation. No tangible evidence was provided to justify arbitrator's recusal. Mediation was not subject to retrial as only arbitration proceedings were challenged. CMA award stands.
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Applicants were terminated during their probationary period, not after confirmation. Compensation is limited to the remaining two months of probation, not the full contract period. Arbitrator erred in awarding only four days' notice; applicants are entitled to salary for the remaining probation period based on average weekly earnings.
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The CMA proceedings were based on a defective and incompetent referral form (CMA F1), rendering the entire proceedings and resulting award a nullity. The court nullified the CMA proceedings and quashed and set aside the award.
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The court found that the respondent did not breach the applicant's employment contract; the termination of the applicant's position resulted from the client's (Princess Leisure (T) Limited) termination of services with the respondent, not from any unlawful act by the respondent. The evidence (exhibits G2 and G3) did not amount to termination or breach by the respondent, and the respondent acted reasonably by attempting to resolve the matter and offering alternative placement.
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The applicant had valid reason to terminate the respondent but failed to comply with procedural requirements, specifically by not providing an investigation or audit report and not calling witnesses at the disciplinary hearing. The arbitrator's observation regarding the framing of the complaint did not amount to denial of the right to be heard, as the decision was based on issues framed by the parties. Compensation for the remaining period of the fixed term contract was proper.
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The employment contract expired automatically after the agreed period, with no evidence of mutual agreement to renew or legitimate expectation. The arbitrator erred by raising and deciding on new issues without hearing the parties and awarding reinstatement and compensation contrary to law.
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