Appeal against Industrial Court judgment

A COMPANY which was ordered to pay $45,000 to a dismissed worker, has appealed the decision of the Industrial Court. Frank Mouttet Limited filed the appeal earlier this week against the decision of the Industrial Court to order it to pay former worker Colin Jattan $45,000 for wrongful dismissal. The Industrial Court found that Jattan’s dismissal was a grievous breach of the principles of good industrial relations. Jattan was dismissed in October 2000 for alleged lack of application to his duties, abuse of company vehicles and insubordination — refusal to carry out instructions within the scope of his work.

But in the appeal filed, Frank Mouttet Limited believed that the Industrial Court exceeded its jurisdiction and displayed bias in descending into the arena of cross-examining the witnesses in favour of the Bank Insurance and General Workers Union, thereby clouding its judgment and making it impossible to arrive at a fair or just and impartial decision. The company contends that the Court erred and/or misdirected itself in law in that it selectively and improperly assessed and/or evaluated the evidence before it arrived at its decision. The company wants the Court of Appeal to set aside the judgment of the Industrial Court.