Tasmine Enterprises (Pvt) Ltd v Nicholas Gunika

Key Issues

• {"issue_text":"Whether the arbitrator erred in awarding overtime for Saturdays and Sundays without evidence","issue_type":"mixed","dispositive":"yes","related_facts":"Time sheets only available for limited periods, no Sunday overtime records"}
• {"issue_text":"Whether portion of overtime claim had prescribed under section 94 of Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Claim referred to conciliation in January 2014"}
• {"issue_text":"Whether damages for unlawful dismissal were properly awarded without evidence","issue_type":"law","dispositive":"yes","related_facts":"No evidence led on quantification of damages"}
• {"issue_text":"Whether notice pay award was legally justified","issue_type":"law","dispositive":"no","related_facts":"Arbitrator found permanent contract, appellant claimed fixed term"}
• {"issue_text":"Whether underpayments award was supported by evidence","issue_type":"mixed","dispositive":"yes","related_facts":"No evidence showing calculation method"}

Background