{"issue_text":"Whether the Retrenchment Board had jurisdiction to entertain disputes about retrenchment procedure compliance","issue_type":"law","dispositive":"yes","related_facts":"Board's mandate under S.I 191 of 2024, sections 12C and 12D"}
{"issue_text":"Whether the employer's failure to comply with section 12D rendered the retrenchment unlawful","issue_type":"law","dispositive":"yes","related_facts":"Employer only complied with section 12C"}
{"issue_text":"Whether the Retrenchment Board's decision was grossly irregular","issue_type":"procedural","dispositive":"no","related_facts":"Board's analysis of evidence and application of law"}
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background
Facts of the Case
Background
The applicant employer sought to retrench 16 employees including the first respondent. The Retrenchment Board nullified the retrenchment finding the employer failed to comply with sections 12C and 12D of the Labour Act. The employer applied for review arguing the Board lacked jurisdiction and acted irrationally.
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