Description
Arbitrator’s powers to grant relief not prayed for – CMA form No. 1, poor work performance – misconduct – unfair termination – right to work – disclosure of reason for termination in the termination letter – denial of right to appeal against decision of the disciplinary hearing.
- The arbitrator has powers to grant a prayer which has not been prayed for in CMA form No. 1, after making a finding of unfair termination regard being had to Rule 32(1), (2) and (5) of the Labour Institutions (Mediation and Arbitration Guideline) Rules.
- CMA form NO. 1 acts as a guide and cannot be taken as sancrosanct form.
- CMA form No. 1 cannot be compared to a plaint in normal civil cases.
- A recommending officer was terminated for poor work performance and misconduct for the recommendations he made while those recommendations were subject to approval by the approving officer – that amounted to unfair termination.
- Termination letter does not disclose reason or termination – amounts to an unfair labour practice.
- Right to work.
- Denial of right to appeal against decision of the disciplinary hearing – denial of the employee’s right to appeal to the higher authority against his employment termination pollutes and “chills” the whole process of termination.
