Fixed term contractsUnfair dismissalTrade unionArbitral awardQuantification of damages
Tags
Unfair dismissalFixed term contractsTrade union representationArbitral award appeal
legislation
Statutes Cited
Labour Act
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the respondents were unfairly dismissed","issue_type":"mixed","dispositive":"yes","related_facts":"Fixed-term contract claims, absence of disciplinary hearing, lack of signed contracts"}
{"issue_text":"Whether the appellant owed the respondents unpaid wages and allowances","issue_type":"fact","dispositive":"yes","related_facts":"Underpayment schedule submitted, no contrary evidence produced"}
{"issue_text":"Whether Mr J Denhere had authority to represent the respondents","issue_type":"procedural","dispositive":"no","related_facts":"Trade union membership, deposit fees paid, union constitution compliance"}
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background
Facts of the Case
Background
The appellant company appealed against an arbitral award that ordered it to pay $13,455 to five former employees for unfair dismissal and underpayment. The respondents claimed they were unfairly dismissed without hearing on 25 May 2012 and were underpaid. The appellant contended the respondents were on fixed-term contracts that expired by effluxion of time.
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