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Citation
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Judgment date
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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.
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.
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.
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.
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.
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 |