AVNASH INDUSTRIES LIMITED vs. INDUSTRIAL AND COMMERCIAL WORKERS’ UNION (ICU)

SUMMARY OF CASE In 2018 following an industrial action by the workers of AYNASI, the company, lodged a complaint with the National Labour Commission and they were subsequently invited by the Executive Secretary to a meeting which was chaired by him. The Executive Secretary after hearing the parties issued a decision. Thereafter the company terminated the employment of the affected workers. The Respondent was displeased with the action of the Executive Secretary arguing that the Executive Secretary should not have issued the decision because it was not the "Commission" that heard the matter and if anything at all the meeting he had with the parties was a facilitation meeting and nothing more. The respondent further alleged conflict of interest in that the Executive Secretary's legal firm was the company's legal consultant. BRlEF FACTS Per a letter dated l 0th December, 2018, A YNASJ-1, Complainant Company, initially lodged a complaint it described as an "act of sabotage" again...