fixed term contractprobationary periodintolerable conditionslegitimate expectationarbitral award
Tags
fixed term contractprobationintolerable working conditionsunfair dismissal
legislation
Statutes Cited
Labour Act
Labour Act
Statutory Instrument 15 of 2006
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the Arbitrator erred in failing to find that the respondent's actions made the employment conditions intolerable, leading to premature termination of the contract under section 12 B (3) (a) of the Labour Act.","issue_type":"law","dispositive":"yes","related_facts":"Appellant's claim that he left due to intolerable conditions; Arbitrator's finding that the claim did not meet statutory requirements."}
{"issue_text":"Whether the Arbitrator's findings on the documentary evidence (letters to banks) were grossly unreasonable.","issue_type":"fact","dispositive":"yes","related_facts":"Letters written by Salaries Accountant to third parties confirming permanent employment."}
{"issue_text":"Whether the Arbitrator erred in ignoring the Standard Form Contract regarding probation and confirmation.","issue_type":"law","dispositive":"yes","related_facts":"Appellant's argument that probation periods should have been taken into account; Standard Form Contract requirements."}
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background
Facts of the Case
Background
The appellant was employed by the respondent on probation and subsequently on fixed term contracts. He claimed that the respondent's actions made his employment intolerable, leading him to leave without notice. The arbitrator found against him, and he appealed, arguing that the arbitrator misdirected herself on law and fact.
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