SELEMANI OMARY SHABANI V
The CMA proceedings and award were fatally irregular because the High Court's order for a hearing on merits before a different arbitrator was not complied with, and not all disputes were mediated as required by law. The successor arbitrator erred by composing an award based on prior evidence rather than hearing evidence afresh. Overtime claims were not specifically pleaded and cannot be implied. The irregularities vitiated the entire proceedings and award.
Source excerpt
- Unfair termination
- Mediation procedure
- Arbitration procedure
- Compliance with court orders
- Pleadings specificity