Unfair dismissalArbitral awardJurisdictionCode of ConductDomestic remedies
Tags
ArbitrationLabour Officer jurisdictionCode of Conduct
legislation
Statutes Cited
Labour Act
Labour Act
Labour Act
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the Labour Officer had jurisdiction to intervene in a matter that was liable to be the subject of proceedings under an employment Code of Conduct","issue_type":"procedural","dispositive":"yes","related_facts":"The respondent referred the matter to a Labour Officer while an appeal was pending before the Senior Designated Agent under the employment Code of Conduct"}
{"issue_text":"Whether the arbitrator had jurisdiction to deal with the matter","issue_type":"procedural","dispositive":"yes","related_facts":"The matter was improperly placed before the Labour Officer and arbitrator"}
{"issue_text":"Whether the respondent should have exhausted domestic remedies before approaching the Labour Officer","issue_type":"procedural","dispositive":"yes","related_facts":"The respondent had an appeal pending before the Senior Designated Agent"}
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background
Facts of the Case
Background
The respondent was employed as a Bookkeeper and was dismissed in October 2012 for alleged poor performance. She appealed to the Senior Designated Agent under the employment Code of Conduct, but while that appeal was pending, she referred the matter to a Labour Officer for conciliation, which led to arbitration. The arbitrator found in her favour, and the employer appealed.
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