Labour lawEmployment contractsArbitral proceedings
Keywords
Fixed term contractBursarUnfair labour practiceArbitral awardRescissionConsolidation
Tags
Fixed term contractUnfair labour practiceArbitral awardRescission of judgment
legislation
Statutes Cited
Labour Act [Chapter 28:01]
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether applicant was barred for not filing heads of argument in LC/H/351/13","issue_type":"procedural","dispositive":"yes","related_facts":"Consolidation order granted after deadline for heads of argument"}
{"issue_text":"Whether appeal against default award has prospects of success","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator issued award in default of applicant's participation"}
{"issue_text":"Whether new factual issues raised in heads of argument should be considered","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant raised new reasons in heads of argument different from founding affidavit"}
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background
Facts of the Case
Background
Respondent was employed by appellant as a bursar on a five-year fixed term contract that expired on 30 November 2008. After interviews for the bursar post in November 2009, respondent was unsuccessful and made a complaint of unfair labour practice which resulted in an arbitral award in his favour. Appellant's appeals were dismissed, and respondent sought quantification of the award. Appellant then filed applications for rescission of judgment and condonation.
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