NEPIAS CHABUDA vs DESIGN CRAFT

Key Issues

• {"issue_text":"Whether the employee was constructively dismissed under section 12B(3)(a) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Non-payment of salaries, allowances and commissions from December 2013"}
• {"issue_text":"Whether probation period could be extended under section 12(5) of the Labour Act","issue_type":"law","dispositive":"no","related_facts":"Extension of probation from June 2012 to August 2012"}
• {"issue_text":"Whether there was unilateral variation of employment contract","issue_type":"mixed","dispositive":"no","related_facts":"Change from permanent to monthly contracts, salary increase"}
• {"issue_text":"Whether the doctrine of quasi mutual assent applied to enforce original contract terms","issue_type":"law","dispositive":"no","related_facts":"Employee's signing of monthly contracts while claiming rights under original contract"}
• {"issue_text":"Whether monthly contracts constituted unlawful casualization of labour","issue_type":"law","dispositive":"no","related_facts":"Employee made to sign monthly contracts for approximately one year"}

Background