unfair dismissalreinstatementarbitral awardfixed term contractslegitimate expectation
Tags
interim reliefstay of executionarbitral awardfixed term contracts
legislation
Statutes Cited
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether applicant has established prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitrator's findings on fixed term contracts, interpretation of contracts"}
{"issue_text":"Whether applicant would suffer irreparable harm if execution proceeds","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is public higher learning institution"}
{"issue_text":"Where the balance of hardship lies between the parties","issue_type":"procedural","dispositive":"no","related_facts":"Both parties would be affected by execution or stay"}
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background
Facts of the Case
Background
The applicant employer sought interim relief to suspend the operation of an arbitral award that ordered reinstatement of nine employees who were dismissed. The arbitrator had found the dismissals unfair and ordered reinstatement or damages in lieu.
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