audi alteram partemstatutory instrumentcasualisation of labourbiasreview
Tags
reviewarbitral awardnatural justicebias
legislation
Statutes Cited
Labour Act
Labour Act (implied)
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the Arbitrator demonstrated malice by proceeding to conclude the matter without waiting for the Respondent's submissions","issue_type":"fact","dispositive":"yes","related_facts":"Respondent did not file submissions within seven days; Arbitrator proceeded to make award"}
{"issue_text":"Whether there was a violation of the audi alteram partem rule","issue_type":"law","dispositive":"yes","related_facts":"Respondent was given seven days to file response but did not; Arbitrator proceeded without it"}
{"issue_text":"Whether the Arbitrator invoked the wrong statutory instrument (S.I. 174/2012 instead of S.I. 69/2006)","issue_type":"law","dispositive":"yes","related_facts":"Applicants' statement of claim referenced S.I. 174/2012; matter concerns period before its gazetting"}
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background
Facts of the Case
Background
The Applicants were former employees on fixed-term contracts who claimed unlawful dismissal when their contracts were not renewed. The matter went to compulsory arbitration where the Arbitrator found for the Respondent. The Applicants sought review of the award, alleging malice, gross irregularity, and violation of natural justice regarding the Arbitrator's handling of supplementary submissions and reference to a statutory instrument.
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