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The High Court upheld a CMA award, finding the employer failed to prove the respondent’s employment terms and probation status, so the revision was dismissed.
The Respondent failed to follow mandatory procedures for termination of probationary employees as stipulated under Rule 10(6)-(8) of GN. No. 42/2007, amounting to unfair labour practice. Applicants are entitled to compensation for the remaining probation period but not full benefits of confirmed employees.
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The applicant failed to adduce sufficient reasons for the delay of 115 days in filing the application. Psychological disturbance was not proved by medical evidence, searching for legal assistance was not substantiated, and the right to be heard was not denied. The delay was inordinate and not accounted for as required by law. The CMA's decision to deny condonation was proper and is upheld.
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The High Court dismissed a labour revision application, upholding the CMA decision that the employee was lawfully terminated for absenteeism without permission.
The High Court dismissed a labour revision challenge, holding that unpaid leave imposed without consultation or written notice amounted to unfair labour practice.
The High Court upheld a CMA award, finding the employee had impliedly agreed to a reduced salary by working for years without protest.
The applicant's employment was constructively terminated due to intolerable working conditions created by the respondents, including forced dual employment, unsafe environment, and ignored complaints. The applicant sufficiently proved her claims, and the respondents failed to rebut them. Compensation for unfair termination is justified under the law.
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The preliminary objection at CMA was not properly sustained as it combined distinct legal provisions with different meanings and treated the applicant's claim as unfair termination without evidence, despite the claim being for unfair labour practice. The objection was not on a pure point of law as it required factual ascertainment.
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The High Court revised a CMA award, holding that the applicant was entitled to the remainder of his fixed-term contract after early termination.
The High Court partly allowed a labour revision, finding probationary workers were entitled to compensation for unfair labour practice and unpaid salary.
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