The court found that it had erred in applying the procedural and substantive safeguards of the Employment Act, 2007 to a termination that occurred before the Act came into force. At the time of the claimant's termination, the applicable law was the Employment Act, cap. 226 (repealed), which permitted termination at will with notice or pay in lieu, and the Trade Disputes Act (repealed), which limited access to the Industrial Court to disputes referred by the Minister, usually upon report by a trade union. There was no evidence that the claimant was a member of a trade union or that the dispute had been properly referred. The respondent complied with the contract by providing pay in lieu of notice. Consequently, the judgment awarding compensation based on the Employment Act, 2007 was set aside, and the claim was dismissed.