unfair dismissalfixed-term contracttermination on noticecash in lieu of noticeovertime claim
Tags
fixed-term contracttermination on noticearbitration award
legislation
Statutes Cited
Labour Act
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Do Labour Court Rules apply to arbitration proceedings?","issue_type":"procedural","dispositive":"no","related_facts":"Appellant filed heads one day late; arbitrator applied Labour Court Rules to bar appellant"}
{"issue_text":"Was the respondent unfairly dismissed?","issue_type":"mixed","dispositive":"yes","related_facts":"No disciplinary hearing; contract terminated for misconduct"}
{"issue_text":"Did respondent waive right to challenge termination by accepting terminal benefits?","issue_type":"law","dispositive":"no","related_facts":"Completed clearance and received benefits on 4 Feb 2015"}
{"issue_text":"Is respondent entitled to salaries beyond contract expiry date?","issue_type":"law","dispositive":"no","related_facts":"Contract expired 30 Apr 2015; award paid to 30 Nov 2015"}
{"issue_text":"Is respondent entitled to overtime payment?","issue_type":"law","dispositive":"no","related_facts":"Contracts stated no overtime payable"}
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background
Facts of the Case
Background
Employee on fixed-term contract (1 Nov 2014 – 30 Apr 2015) was terminated on 30 Jan 2015 on notice and paid cash in lieu. He alleged unfair dismissal and non-payment of overtime. Arbitrator ruled in his favour; employer appeals.
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