T M Supermarket v S Siriya & 8 Others

Key Issues

• {"issue_text":"Whether arbitrator erred in determining employees worked on public holidays without evidence","issue_type":"law","dispositive":"no","related_facts":"Employees claimed public holiday work without compensation"}
• {"issue_text":"Whether arbitrator exceeded mandate by creating policy on negotiation and consultation","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator ordered periodic negotiation and consultation on overtime"}
• {"issue_text":"Whether arbitrator erred by determining matter when similar case was pending before Labour Court","issue_type":"procedural","dispositive":"no","related_facts":"Itayi Nkomo & Ors case involved salary differentials for section managers"}
• {"issue_text":"Whether arbitrator erred in finding appellant committed unfair labour practices","issue_type":"law","dispositive":"yes","related_facts":"Alleged refusal to negotiate and salary discrepancies"}

Background