Thomas Katewere v Zimnat Asset Management

Key Issues

• {"issue_text":"Whether the appeal raises a point of law as required by Section 98(10) of the Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Employee's grounds of appeal challenge arbitrator's interpretation of law and facts"}
• {"issue_text":"Whether the arbitrator erred in shifting the onus of proof from employer to employee regarding willful default","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator required employee to demonstrate employer was in willful default, rather than requiring employer to justify non-attendance"}
• {"issue_text":"Whether the arbitrator properly applied the requirements for rescission of default judgment","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator granted rescission without clear legal basis, without employer showing good cause for default"}
• {"issue_text":"Whether denial of right to be heard justifies rescission in these circumstances","issue_type":"law/mixed","dispositive":"yes","related_facts":"Employer defaulted without justification, then claimed denial of right to be heard"}

Background