Inter Company Trade Union vs. Trico Maritime (Pvt) Ltd. – SC APPEAL 66/2018-2022

In the case between Inter Company Trade Union (on behalf of four employees) and Trico Maritime (Pvt) Ltd., the issue addressed concerned the lawfulness of termination of employees’ services amid allegations of misconduct and assault against a company officer. The court held that the Labour Tribunal must apply a standard of proof based on the balance of probabilities and that misdirection regarding evidentiary standards by the High Court necessitated a rehearing. The holding reaffirmed the principle that Labour Tribunal proceedings are not governed by the criminal standard of proof. The decision drew on statutory guidance governing labour disputes and previous authorities on evidentiary standards, emphasizing that judicial review of tribunal decisions should be careful not to replace tribun