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The Court of Appeal held the employee’s termination was substantively unfair but procedurally fair, and replaced the High Court’s award with 12 months’ compensation under the ELRA.
Court of Appeal upheld dismissal of an employee for using a forged academic certificate, finding the disciplinary process fair and the termination justified.
The CMA had jurisdiction as the dispute was about unfair termination, not interpretation of the Collective Bargaining Agreement. The applicant failed to prove valid and fair reason for termination or adherence to fair procedure. The respondent was entitled to representation of his choice. The award was properly procured and the compensation was correctly calculated based on the salary slip tendered by the respondent.
Source excerpt
The High Court upheld revision of a CMA award, finding the employee’s termination for attempted assault at work was substantively and procedurally fair.
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