Nutrition For Africa P/L v Chigova Enock

Key Issues

• {"issue_text":"Whether the arbitrator correctly focused on the appeals authority proceedings rather than disciplinary committee","issue_type":"procedural","dispositive":"no","related_facts":"Statement of claim not on record, arbitrator focused on appeals authority determination"}
• {"issue_text":"Whether previous warnings received by respondent had bearing on disciplinary case","issue_type":"law","dispositive":"yes","related_facts":"Previous warnings including final warning, warnings concluded with \"management felt you failed to observe code of conduct\""}
• {"issue_text":"Whether respondent's misconduct amounted to gross incompetency and inefficiency","issue_type":"mixed","dispositive":"yes","related_facts":"Production loss, comparison of work output with replacement worker, intentional nature of actions"}
• {"issue_text":"Whether respondent should have been afforded opportunity to rectify misconduct","issue_type":"law","dispositive":"yes","related_facts":"Nature of misconduct as sabotage, employee's experience and knowledge"}

Background