St Michaels Mission Hospital v Phillip Ziyenge & 15 Others

Key Issues

• {"issue_text":"Whether the arbitrator erred in proceeding against allegedly mis-cited party","issue_type":"procedural","dispositive":"no","related_facts":"Employer raised then abandoned mis-citation point"}
• {"issue_text":"Whether finding of unfair dismissal was proper when initial reference was for constructive dismissal","issue_type":"law","dispositive":"no","related_facts":"Employer consolidated statement made unfair dismissal main issue"}
• {"issue_text":"Whether arbitrator correctly placed onus of proof on employer regarding contract type","issue_type":"law","dispositive":"yes","related_facts":"Employer gave contradictory evidence on fixed-term vs retrenchment"}
• {"issue_text":"Whether 14th claimant was unfairly dismissed or resigned","issue_type":"fact","dispositive":"no","related_facts":"Employer claimed resignation but earlier stated no resignations"}
• {"issue_text":"Whether parties' salary agreement overrides statutory minimum wage","issue_type":"law","dispositive":"yes","related_facts":"Employer paid below minimum without exemption"}

Background