DENJEY ENTERPRISES (PRIVATE) LIMITED v NKOSINATI SININI

Key Issues

• {"issue_text":"Whether the arbitrator erred in law by misconstruing section 94 of the Labour Act regarding prescription of labour disputes","issue_type":"law","dispositive":"no","related_facts":"Employment from August 2020 to December 2022, claim raised after termination"}
• {"issue_text":"Whether the arbitrator erred in awarding fuel allowance where appellant claimed it was included in monthly payments","issue_type":"fact","dispositive":"no","related_facts":"Monthly payments made at interbank rate, no evidence of fuel allowance inclusion"}
• {"issue_text":"Whether the arbitrator misconstrued section 125 of the Labour Act to mean employer must assist employee in proving claim","issue_type":"law","dispositive":"no","related_facts":"Employer's failure to produce employment records when requested"}
• {"issue_text":"Whether the arbitrator erred in granting cash in lieu of 25 leave days without evidence and applied wrong salary scale","issue_type":"mixed","dispositive":"no","related_facts":"No employment records produced, application of section 125 presumption"}
• {"issue_text":"Whether the arbitrator assumed without basis that the contract was fixed term","issue_type":"fact","dispositive":"no","related_facts":"Letter dated 5 December 2022 indicating contract expiry, respondent's failure to respond"}
• {"issue_text":"Whether the arbitrator erroneously dismissed payment of notice and compensation for loss of employment based on wrong conclusion about contract type","issue_type":"law","dispositive":"no","related_facts":"Fixed term contract conclusion, terms of reference limitations"}

Background