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The High Court upheld a CMA award reinstating a bank employee, finding her dismissal unfair because her Saturday absences were for religious worship and procedure was defective.
The High Court partly allowed a labour revision, finding termination substantively unfair for religious discrimination but procedurally fair, and reduced compensation to 12 months.
The applicant had valid reasons to terminate the respondent for breach of contract, specifically failure to attend work on Saturdays as required by the employment contract. Termination procedures were followed, including warnings and disciplinary hearing. The respondent was not entitled to remedies for unfair termination as the termination was both substantively and procedurally fair.
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