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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 adhered to all statutory procedures for terminating a probationary managerial employee, including evaluation and opportunity to improve; salary calculation was correctly based on basic wage excluding allowances as per contract and law.
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The applicant was a probationer at the time of termination as there was no evidence of confirmation; thus, he was not entitled to remedies for unfair termination, and the dispute was improperly filed as unfair termination instead of unfair labour practice relating to probation.
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The dispute was time barred as it was not filed within the statutory period after termination; respondent was a probationer at the time of termination and not entitled to remedies for unfair termination; CMA lacked jurisdiction to arbitrate and issue the award.
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The High Court upheld a CMA award, finding an oral employment contract existed for 18 months and was terminated without valid reason, notice, or fair procedure.
The High Court dismissed an application to extend time for filing a labour revision, finding the delay was not fully explained and no apparent illegality was shown.
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 was terminated during the probationary period, thus only entitled to compensation for the remaining days of probation at the daily wage rate, not for the entire unexpired contract period or notice pay.
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The applicant's claim for salary arrears was time-barred as it was not filed within 60 days from the accrual of the cause of action. The applicant, being on probation, was not entitled to compensation for unfair termination, and only entitled to arrears for the last two months worked.
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The employer failed to comply with the procedural requirements for terminating probationary employees under Rule 10 of GN. No. 42 of 2007, constituting unfair labour practices. However, compensation for such unfair practices is limited to the remaining probationary period, not the entire contract period, to balance the interests of both parties and uphold the purpose of probation.
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