Watershed College Trust v Jenipha Madziva and Another

Key Issues

• {"issue_text":"Whether the arbitrator erred in concluding the employee had become a permanent employee","issue_type":"law","dispositive":"yes","related_facts":"Employee was on fixed-term contract with probation period"}
• {"issue_text":"Whether notice of termination on the last day of probation period amounted to unlawful extension of probation","issue_type":"law","dispositive":"yes","related_facts":"Notice issued 31 March 2023, suggesting service in April"}
• {"issue_text":"Whether notice of termination on last day of probation amounted to unfair dismissal without evidence of prejudice","issue_type":"law","dispositive":"no","related_facts":"Termination notice on last day of probation"}
• {"issue_text":"Whether arbitrator erred in assessing damages without evidence on quantification","issue_type":"law","dispositive":"no","related_facts":"Claim was for unexpired contract period"}
• {"issue_text":"Whether award in foreign currency without option of local tender and without considering PAYE was proper","issue_type":"law","dispositive":"no","related_facts":"Contract stipulated USD, multi-currency economy"}

Background