This is an appeal against an arbitral award. The grounds of appeal can be summarized as follows:-
1. The Arbitrator misdirected himself on the law by shifting the burden of proof from Respondent to Appellant.
2. The Arbitrator erred on a question of law by basing his decision on the parties written submissions without holding an oral hearing.
3. The Arbitrator erred in finding that Respondent be paid a gratuity.
4. The Arbitrator misinterpreted Section 125 of the Labour Act. It does not oblige employers to prove cases for employees. More
This matter arose from the change of ownership from BP and Shell Private Limited to the Appellant as a going concern with a clause inserted in the agreement guaranteeing the conditions of service of the employees. It is alleged the said clause was violated by the Appellant. After initial attempts to resolve the matter failed, it was referred to compulsory arbitration. More
The respondent was employed by the appellant on a fixed term contract valid for a year – from January 2013 to December 2013. During the course of her employment she applied for maternity leave. Such maternity leave was granted for the period November 2013 to 31 January 2014.
When the contract expired by the effluxion of time while respondent was still on leave, appellant advised her of the same. The appellant also advised the respondent that her contract would not be renewed. The respondent challenged the non-renewal of her contract. Her challenge was based on the fact that she had... More
