Labour arbitration procedureLocus standi of representativesArticle 25 of Arbitration Act
Keywords
constructive dismissalarbitrationlocus standitrial de novounopposed proceedings
Tags
constructive dismissalarbitrationlocus standitrade union representation
legislation
Statutes Cited
Arbitration Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred by ordering a trial de novo instead of proceeding on an unopposed basis when the respondent's representative lacked locus standi","issue_type":"procedural","dispositive":"yes","related_facts":"Representative lacked practising certificate; no proper representation; statement of defence a nullity"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The appellant lodged a constructive dismissal complaint against the respondent trade union. During arbitration, the appellant raised a point in limine that the respondent's representative lacked locus standi as he had no practising certificate and improperly purported to represent the respondent as a legal practitioner. The arbitrator upheld the point and ordered a hearing de novo, which the appellant appealed.
Read the full judgment, get AI analysis, and find related cases