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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 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 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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The respondent's employment contract was a fixed term contract that expired automatically on the agreed date. There was no reasonable expectation of renewal as each contract was for a different position and terms. The Arbitrator erred in holding there was a breach of contract and in awarding compensation. The employer was not required to issue notice or pay salary in lieu of notice upon expiry of the contract.
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The High Court nullified CMA proceedings after finding a fatal procedural irregularity: exhibits were not admitted or marked, so the award could not stand.
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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High Court revision of a CMA award in a probationary termination dispute. The court found the employer had followed fair procedure and set aside the compensation award.
The applicant failed to follow mandatory procedures for termination of a probationary employee, specifically notification of performance concerns and opportunity to improve. However, the compensation awarded by the Arbitrator was excessive given the respondent's probationary status and admitted underperformance. The award is revised to three months' salary as compensation for unfair labour practice.
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The High Court revised a CMA award, finding the employees were involved in an unlawful strike but that termination was procedurally unfair.
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