This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Labour Court considered an application to review and set aside an arbitration award that had found a dismissal to be unfair. The court said the employer had not led evidence, the employee had also given no evidence, and the commissioner could not conclude that a dismissal had occurred on the material before him. The award was reviewed and set aside, and the dispute was referred to a different commissioner.
This may be relevant to labour law and dispute resolution practitioners dealing with arbitration procedure and review of awards.
Evidence from source
Applicant seeks to have an arbitration award awarding the Employee compensation reviewed and set aside on the basis that no evidence was presented to the Commissioner
Supports: The matter concerned review of an arbitration award and the basis advanced by the applicant.
In the absence of any evidence the Commissioner could not conclude the fact of a dismissal. The award is one that a reasonable Commissioner could not have made.
Supports: The court’s reason for setting aside the award.