Pioneer Transport (Private) Limited v Elizabeth Ana Da Silva

Key Issues

• {"issue_text":"Whether the arbitrator erred in holding that the employer could not terminate contract on notice where termination was premised on alleged underperformance","issue_type":"mixed","dispositive":"yes","related_facts":"Termination on notice based on performance concerns, no disciplinary process conducted"}
• {"issue_text":"Whether the finding that respondent was dismissed was a misdirection given that dismissal requires disciplinary process","issue_type":"law","dispositive":"yes","related_facts":"Termination characterized as dismissal despite no disciplinary hearing"}
• {"issue_text":"Whether the arbitrator erred in holding that termination must be per Code of Conduct where performance issues exist","issue_type":"law","dispositive":"yes","related_facts":"Performance concerns raised, Code of Conduct not invoked"}

Background