Thomas Morris & 5 Others v Arcturus Mine

Key Issues

• {"issue_text":"Whether the appellants can introduce a new ground of appeal regarding non-compliance with SI 165 of 1992 procedures when this was not raised before the internal appeals authority","issue_type":"procedural","dispositive":"yes","related_facts":"The appellants only raised the procedural timeframes issue before the Labour Court, not during internal appeals"}
• {"issue_text":"Whether it was proper to bundle six separate appeals into one matter","issue_type":"procedural","dispositive":"no","related_facts":"Six separate disciplinary hearings and appeals were consolidated into one appeal"}
• {"issue_text":"Whether the guilty verdict was supported by a balance of probabilities based on the evidence presented","issue_type":"fact","dispositive":"yes","related_facts":"Two security officers identified all appellants while two others did not see them; 2.387 kg of gold ore and nine dishes were found"}

Background