Labour arbitrationReview of arbitral awardsJurisdictional challenges
Keywords
arbitrator jurisdictionparty substitutionWassiunfair labour practicereview powers
Tags
reviewarbitrationparty substitutionjurisdiction
legislation
Statutes Cited
Labour Act
High Court Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether an arbitrator can substitute parties without application by any party","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator substituted applicant for Wassi without application"}
{"issue_text":"Whether citing wrong party fatal to proceedings","issue_type":"law","dispositive":"yes","related_facts":"1st respondent cited Wassi personally instead of applicant"}
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background
Facts of the Case
Background
The 1st respondent employee sued Wassi personally for alleged unlawful termination. The arbitrator substituted the applicant employer for Wassi and awarded against the applicant. The applicant sought review arguing the arbitrator exceeded jurisdiction.
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