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The High Court set aside a CMA award after finding no finalized mutual termination of employment, holding the dispute was prematurely filed.
The High Court set aside a CMA award, holding the employees’ contracts ended by mutual agreement, not retrenchment, and no representative-suit error was shown.
The termination of employment was validly effected by mutual agreement between the applicant and respondent, as evidenced by the signed agreement (exhibit M2), and the use of a different company seal was a technical error that did not affect the validity of the agreement. The applicant recognized and consented to the agreement, and the procedural requirements for disciplinary termination were not applicable where mutual agreement to terminate existed.
Source excerpt
The High Court quashed a CMA award after finding the employee had a specific-task contract that ended by mutual agreement, not an unspecified-term contract.
The court found that the termination of the applicant's employment was by mutual agreement, evidenced by a signed contract, and that the agreement was entered into voluntarily and with full understanding of its terms. Therefore, the termination was valid and the application for revision had no merit.
Source excerpt
The Court of Appeal held that the employment ended by mutual agreement, not unfair dismissal, and set aside the High Court and CMA orders.
The High Court upheld a CMA award for unfair termination, finding no mutual agreement to end employment and confirming compensation and notice pay.
The High Court upheld a CMA award, finding no bias or error in the arbitrator’s analysis and rejecting claims of mutual agreement and fair termination.
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