Court Code
NALCMD

Recusal of a Judge- Recusal application brought after appeal heard and judgment reserved but before delivery of judgment- the test of double reasonableness applied and confirmed. There is no time bar to an application of recusal if brought on the correct facts.

Labour law – Appeal – Question of law – An enquiry into a factual finding of an arbitrator will only amount to a question of law where there is no evidence which could reasonably support the finding of fact.

 

Labour Law – Dismissal - Employer/employee relationship - Dishonest conduct - Employer should feel confident it can trust an employee not to be in any way dishonest - Employee's dishonesty destroys or substantially diminishes confidence in the employer/employee relationship and has the effect of rendering the continuation of such relationship intolerable - Trust is the cor

Recusal - On grounds of appearance of bias - Manner in which application for recusal dealt with by presiding arbitrator disqualifying her from proceeding with the arbitration proceedings, irrespective of merits or demerits of recusal application – In such applications one is primarily concerned with perceptions of the applicant – In the current matter the arbitrator did not to disclose her past association with a f

Labour Law – Disciplinary proceedings – Suspension without pay – An employer may suspend an employee without pay during such proceedings only where the contract of employment or collective agreement provides for such action to be taken –

 

Labour law - Unfair dismissal - Procedural fairness – Recusal - Duty to give reasons and consequences of failure to do so.

Labour law – Appeal – Question of law – An enquiry into a factual finding of an arbitrator will only amount to a question of law where there is no evidence which could reasonably support the finding of fact. The test remains: did the arbitrator reach a decision that no reasonable decision maker could have reached?