Results.
5 judgments found.
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| July 2017 |
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Notice-compliant termination of a fixed-term contract precludes recovery for unworked remainder where contractual liquidated-damages clause is penal and unenforceable.
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Employment law — fixed-term contract — termination by notice versus wrongful dismissal — liquidated damages v. penalty clause — unenforceability of provision requiring payment of salary for unworked remainder — damages limited to notice period — unjust enrichment.
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28 July 2017 |
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Contract governs gratuity and vehicle entitlement; off-pay allowances excluded and mistaken vehicle offer not enforceable; costs shared.
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Employment law — contract interpretation — gratuity computed on last drawn gross salary; off-pay allowances not included unless contract so provides; personal-to-holder vehicle — entitlement governed by contract (three years’ service/use); mistaken offer rescindable; damages for delayed terminal benefits not upheld on record.
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28 July 2017 |
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A single judge of the Court of Appeal cannot hear an interlocutory visitation application that would decide issues pending on appeal.
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Court of Appeal — jurisdiction of single judge to hear interlocutory application overlapping with pending appeal; application misconceived where it would tamper with appeal; relevance of citizenship and reliance on s.15 Affiliation and Maintenance Act.
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27 July 2017 |
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Appellant failed to prove appointment or underpayment; lateral transfers caused embarrassment only and three months' damages were upheld.
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Employment law — transfers and alleged demotion — acting in higher position versus formal appointment — entitlement to acting allowances and salary arrears — computation of terminal benefits under Collective Bargaining Agreement — damages for embarrassment/mental torture — appellate review of trial findings of fact.
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24 July 2017 |
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A tribunal cannot validly determine rights against unjoined or unserved persons; appeal court set aside the judgment.
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Lands Tribunal — joinder and service of parties — proof of service — non-joinder of persons in possession — proceedings affecting non-parties invalid — Court of Appeal s24(1) review and setting aside of judgment.
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11 July 2017 |