fixed term contractunfair dismissallegitimate expectationreinstatementarbitration
Tags
fixed term contractlegitimate expectationpremature termination
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred in finding no unfair dismissal based on contract expiry by effluxion of time","issue_type":"law","dispositive":"yes","related_facts":"Contract terminated prematurely but paid to expiry"}
{"issue_text":"Whether appellant had legitimate expectation of permanent employment","issue_type":"mixed","dispositive":"yes","related_facts":"Verbal assurances from Divisional Manager, series of fixed term contracts"}
{"issue_text":"Whether Charles Karichi was engaged in appellant's position","issue_type":"fact","dispositive":"no","related_facts":"Charles Karichi appointed permanently, different conditions of service"}
{"issue_text":"Whether appellant was underpaid","issue_type":"fact","dispositive":"no","related_facts":"Appellant claimed underpayment, payslip produced"}
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background
Facts of the Case
Background
Appellant was employed on fixed term contracts from May 2009 to June 2011. When respondent advertised the position permanently, appellant applied but was unsuccessful. His contract was terminated prematurely on 1 June 2011 but paid to expiry date. He claimed unfair dismissal.
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