wrongful dismissaldamages in lieu of reinstatementarbitral awardperemptionres judicataquantification of damages
Tags
arbitral awardappealquantification of damagesperemptionres judicata
legislation
Statutes Cited
Labour Act [Chapter 28:01]
Labour Act [Chapter 28:01]
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the doctrine of peremption applies where a party registers and enforces an arbitral award while simultaneously appealing","issue_type":"procedural","dispositive":"no","related_facts":"Appellant registered award and accepted payment while appealing"}
{"issue_text":"Whether the issues raised in the appeal are res judicata","issue_type":"procedural","dispositive":"no","related_facts":"High Court registered the arbitral award as a judgment"}
{"issue_text":"Whether the appeal raises questions of law under Section 98(10)","issue_type":"procedural","dispositive":"partial","related_facts":"Appellant's grounds of appeal"}
{"issue_text":"Whether the appeal grounds should have been raised by review rather than appeal","issue_type":"procedural","dispositive":"partial","related_facts":"Second ground of appeal regarding Respondent's non-attendance"}
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background
Facts of the Case
Background
Appellant, a former employee dismissed in August 2011, obtained an arbitral award of US$10 292.00 damages in lieu of reinstatement. He registered and enforced the award in the High Court while simultaneously appealing to the Labour Court claiming an additional US$6 059.00. Respondent raised points in limine alleging peremption and res judicata.
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