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The High Court upheld an arbitral award for unfair termination, finding no proof of a mutual agreement to end employment because the respondent had not signed the key documents.
There was no permanent written contract of employment between the parties as alleged by the Respondent. The confirmation letter did not constitute a contract, and no documentary evidence of a permanent contract was produced. Oral evidence could not supersede the lack of documentary proof. The Respondent refused to sign the offered contract, and the Applicant followed proper procedures in terminating the employment. The award of compensation for unfair termination was not justified.
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The High Court held that the applicant’s fixed-term employment ended by effluxion of time, but she was still entitled to severance pay.
Applicant consented to termination by agreement and accepted payment, barring further claims; claim for higher compensation was unproven; however, calculation errors in terminal benefits entitle applicant to additional payment.
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Applicant is not entitled to salary arrears for months not worked after settlement agreement and knowledge of termination; however, he is entitled to payment in lieu of notice and leave pay for the last contract period, but not severance pay as his contract was only for one year.
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The applicant unlawfully withheld the respondent's salary without written consent, creating intolerable working conditions amounting to constructive and unfair termination. However, there was no evidence of discrimination, and the compensation awarded by the Arbitrator was excessive and not fully justified by the respondent's contribution to his termination. The award is revised to 12 months' salary, withheld salaries, salary for days worked in October 2020, three months' salary in lieu of notice, and severance pay for one year.
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The Respondent was constructively terminated due to the Applicant's unilateral 25% salary reduction without consent and failure to pay the 20% acting allowance, both of which constituted fundamental breaches of the employment contract. The Respondent did not accept the altered terms, and the intolerable conditions left resignation as the only reasonable option. The acting allowance is a separate entitlement and not to be offset by other allowances.
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The High Court revised and set aside a CMA award after finding the employer failed to prove gross negligence. The employee was awarded compensation and severance.
The High Court found the employee was validly terminated for gross insubordination, but the employer failed to follow fair procedure, so compensation and statutory dues were revised upward.
The applicant failed to prove valid and procedural termination; respondent was terminated orally and unfairly; respondent is entitled to compensation, notice pay, severance pay, repatriation pay, and subsistence allowance; annual leave pay was wrongly awarded and must be deducted.
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