prescriptionunfair labour practicesuspensioncontinuing suspensionrepudiation of contract
Tags
prescriptionunfair labour practicesuspensionarbitration
legislation
Statutes Cited
Labour Act
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the dispute had prescribed under section 94(1) of the Labour Act","issue_type":"procedural","dispositive":"yes","related_facts":"Suspension occurred 19 December 2007, Ministry approached September 2010"}
{"issue_text":"Whether the continuing suspension amounted to an unfair labour practice","issue_type":"law","dispositive":"no","related_facts":"Appellant suspended indefinitely without hearing"}
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background
Facts of the Case
Background
The appellant was suspended from duty on 19 December 2007. No hearing was ever conducted. In September 2010, the appellant approached the Ministry of Public Service Labour and Social Welfare to resolve the dispute, more than two years after the suspension. The arbitrator found the dispute had prescribed under section 94(1) of the Labour Act.
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