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Citation
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Judgment date
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| September 2024 |
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Interlocutory injunction refused and suit dismissed because a Power of Attorney cannot ordinarily confer standing to litigate.
Civil procedure – interlocutory injunctions – requirements of arguable case, irreparable injury and balance of convenience; Standing – inability to conduct litigation by Power of Attorney; necessity of principal’s personal availability; court’s power to determine parties for interlocutory relief.
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23 September 2024 |
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High Court lacked jurisdiction over planning dispute in a statutory improvement area; both claim and counterclaim dismissed for want of jurisdiction.
Jurisdiction — Urban and Regional Planning Act — Statutory Improvement Areas: Subordinate Court is court of first instance; res judicata and abuse of process bar re‑litigation; demolition/enforcement under planning law; counterclaim independent but constrained by prior proceedings.
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20 September 2024 |
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Leave to appeal and a stay of execution were refused because the proposed grounds lacked realistic prospects of success.
Civil procedure — Leave to appeal — Applicant must show realistic prospects of success; Stay of execution — not automatic pending appeal; applications on affidavit permitted.
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20 September 2024 |
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Convicted applicants failed to show exceptional circumstances or prospects of success; bail pending appeal denied.
Criminal procedure — Bail pending appeal — Convicted persons — Exceptional circumstances required — Prima facie prospects of success — Holding public office not per se exceptional — Suspension of sentence premature.
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20 September 2024 |
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Complainant awarded gratuity, leave, notice pay, allowances and six months’ damages; NAPSA claim and counterclaim dismissed.
Employment law – statutory minimum wages and conditions (S.I.106/2020) – gratuity, accrued leave, notice pay, subsistence and risk allowances – evidential burden for cross-border subsistence – NAPSA recovery procedure – unfair termination damages.
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19 September 2024 |
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A contractual clarification that insurer cover applied for gross negligence estopped the defendant from relying on a ZMW2,500 limitation.
Contract law — limitation of liability clause; clarification/addendum and estoppel; fidelity guarantee insurance — insurer's duty to indemnify; proof of loss; breach of contract and recovery of unpaid fees; interest and unconscionable contractual rate.
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19 September 2024 |
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Interim injunction granted; exhaustion of union remedies did not bar court action and NEC's power to dismiss requires full hearing.
Labour/union law – exhaustion of internal remedies – scope of union constitution – power of NEC to dismiss elected officials – interlocutory injunction (American Cyanamid test) – adequacy of damages – balance of convenience.
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17 September 2024 |
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Applicant bank entitled to contractual compound interest, judgment and foreclosure; Section 110 caps recoverable interest but does not suspend it.
Mortgage actions — Order 30 Rule 14 — remedies; Contractual compound interest enforceable where clause permits it; Banking and Financial Services Act Section 110(1)(b) — in duplum rule caps recoverable interest but does not suspend interest on non-performing loans; Foreclosure, possession and enforcement against surety permitted; Judgment entered for bank.
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16 September 2024 |
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Claim against the 2nd defendant dismissed as statute-barred; vicarious liability not established.
Limitation Act 1939 (as extended to Zambia) – accrual of cause of action – statute-barred claims; vicarious liability – requirement of sufficient nexus between tortfeasor and principal; Order 14A – determination of pure questions of law without full trial; continuing trespass vs accrual for limitation.
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16 September 2024 |
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Ex-parte interim injunction granted to restrain construction pending inter-parte hearing; title and irreparable harm justified relief.
Interim prohibitory injunction – ex parte application – certificate of title as evidence of ownership – American Cyanamid principles: serious question, adequacy of damages, balance of convenience – preservation of status quo – costs in the cause – leave to appeal granted.
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16 September 2024 |
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A 'without prejudice' label does not automatically bar a document from evidence; privilege requires genuine settlement negotiations and may be forfeited by failure to object during discovery.
Evidence — Without prejudice communications — Heading alone not conclusive — Court must examine document to determine if privilege applies — Privilege only where negotiations/offers to settle exist — Waiver by failure to object during discovery/orders for directions.
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14 September 2024 |
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Interlocutory injunction to halt church inductions dismissed for failure to show irreparable harm; balance of convenience favors defendants.
Interlocutory injunction – preservation of status quo – irreparable harm – balance of convenience – internal church elections and governance – admissibility of constitutional provisions in affidavits.
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14 September 2024 |
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Court corrected a clerical property description under Order 20 Rule 11, finding no prejudice and ordering registration within 30 days.
Clerical amendment of judgment; Order 20 Rule 11 Rules of the Supreme Court; inherent jurisdiction to correct accidental slips; finality of judgment; prejudice test for amendments; registration of court orders.
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13 September 2024 |
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Stay of proceedings refused where no special circumstances and set-aside application lacked reasonable prospects due to delay.
Civil procedure — interlocutory relief — stay of proceedings under Order III Rule 2 High Court Act — exceptional circumstances required — stay refused where no real risk of conflicting decisions and set-aside application lacking prospects due to admission of liability and undue delay.
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12 September 2024 |
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Applicant entitled to garnishee funds in a named bank account to satisfy a registered arbitral award; only existing debts attach.
Arbitration award enforcement – Garnishee Order Nisi – Order 49 Rules of the Supreme Court – deposit‑taking institution – attachable debt must exist at date of service – creditor–debtor relationship required.
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11 September 2024 |
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Whether non‑conviction forfeiture is appropriate where applicant proves on a balance of probabilities that vehicles are proceeds of crime.
Forfeiture of proceeds of crime – Non‑conviction based forfeiture (s31 FPOCA) – Standard of proof: balance of probabilities – Burden of proof and shift under s31(2)/s71(2) – Documentary, bank and forensic handwriting evidence – Insufficient explanation by interested parties – Order forfeiting motor vehicles to the State.
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9 September 2024 |
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A stay pending payment of costs requires a prior court order awarding costs; absent it, the applicant's stay is declined.
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6 September 2024 |
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The respondent unlawfully deducted the complainant's terminal dues and underpaid gratuity; overtime claim lacked proof.
Employment law — gratuity calculation: use last drawn basic salary for the whole service period; employer deductions — employer must demonstrate contractual/legal authority and proof before recouping losses; burden of proof — claimant must produce evidence (approved forms/logs) for overtime claims; disciplinary/deduction fairness — need for proper procedural and evidential basis.
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4 September 2024 |
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Stay dismissed; court held senior counsel may claim reasonable costs despite SI No.6 lacuna and granted leave to appeal.
Costs — Legal Practitioners (Costs) Order SI No.6 of 2017 — Part III omission for practitioners ≥15 years — senior counsel entitled to reasonable, proportionate costs on a scale as near as possible to Part III — stay of execution requires an enforceable remedy — leave to appeal granted.
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1 September 2024 |
| August 2024 |
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Application for judgment on admission dismissed where alleged admission of debt was disputed and not unequivocal.
Civil procedure — Judgment on admission — Order 21 Rule 6 — Admission must be clear, unambiguous and unequivocal; company name change does not defeat rights; disputed repayments, rebates and acquittals may create triable issues preventing summary judgment.
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30 August 2024 |
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Interim injunction granted restraining the respondent from evicting the applicant and interfering with crops where damages are inadequate.
Interim injunction — interlocutory relief — American Cyanamid test — serious question to be tried — adequacy of damages for loss of land/house — balance of convenience — farm tenancy and statutory notice requirements under Landlord and Tenant (Business Premises) Act.
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29 August 2024 |
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Complaint dismissed for lack of jurisdiction where ex‑curia negotiations did not extend the 90‑day limitation under section 85(3).
Industrial Relations Court – Jurisdiction – Section 85(3) Cap 269 – 90-day limitation period – Effect of ex-curia (without prejudice) settlement negotiations – Exhaustion of internal administrative channels – Leave to file out of time.
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29 August 2024 |
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Court ordered civil forfeiture of assets acquired from contracts obtained by false pretences; interested parties failed to rebut taint.
Forfeiture of proceeds of crime – Non-conviction forfeiture – jurisdiction under Sections 29, 31, 71 FPOCA – civil standard (balance of probabilities) – procurement misrepresentation – Key Personnel requirement – false pretences (Penal Code s309) – proceeds of crime – burden shift and unexplained wealth – forfeiture and costs.
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21 August 2024 |
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The court dismissed the applicant's constitutional challenge to seizure powers and refused damages for misfeasance.
Constitutional law — search, seizure and privacy — Sections 58–59 Anti‑Corruption Act — warrant of seizure as court order under Article 17(2)(d); Forfeiture law — Sections 71,78 Forfeiture of Proceeds of Crime Act — burden and standard of proof; criminal procedure — presumption of innocence and applicability of Article 18; tort — misfeasance in public office.
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20 August 2024 |
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Court dismissed consolidation application due to different solicitors, differing claims and prejudice from ongoing criminal proceedings.
Civil procedure – Consolidation of actions under Order III Rule 5 and Order 4 Rule 9 – Discretionary remedy; common questions of law/fact; prejudice and embarrassment at trial; different solicitors; ongoing related criminal proceedings.
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20 August 2024 |
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The applicant’s leave application was dismissed because Section 23 does not require leave for appeals from the High Court.
Court of Appeal Act s23 — leave to appeal — appeals from High Court — Order 10 Rule 4(3) Court of Appeal Rules — application misconceived — appellate precedents: Chainama Hills; Mirriam Banda Zimba.
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19 August 2024 |
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Insufficient evidence linking accused to ownership/control of dogs; no prima facie case for manslaughter.
Criminal procedure – no case to answer – prima facie test; Manslaughter by omission/culpable negligence; Duty to control dangerous animals (s.214 Penal Code); Proof of ownership and control of animals; Identification and causation in animal‑attack fatalities.
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13 August 2024 |
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Minority shareholder granted leave under Companies Act s331 to pursue derivative claim for alleged majority shareholder fiduciary breaches.
Companies Act s331 – derivative action – leave to commence proceedings – criteria: likelihood of success, costs, prior action by company, company’s interests; Foss v Harbottle exception; majority shareholder fiduciary duties; procedural sufficiency of power of attorney; effect of company’s failure to oppose.
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12 August 2024 |
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Court granted leave to the applicant to issue and serve a derivative-action writ out of jurisdiction despite procedural defects.
Civil procedure – service out of jurisdiction – Order 10 Rule 16 High Court Rules – leave to issue and serve process; derivative action by shareholder; curable procedural irregularity; defective power of attorney; advocate’s receipt of process does not waive leave requirement.
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12 August 2024 |
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Divorce granted on two years' separation plus consent; ordered joint custody, child maintenance and transfer of vehicle.
Matrimonial Causes Act – irretrievable breakdown – two years' separation with consent; Special Procedure – determination on affidavit evidence under Order 30 Rule 6A; custody and child maintenance; property settlement by vehicle transfer; Decree Nisi to become absolute.
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8 August 2024 |
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Applicant dismissed; not entitled to leave for 2006–2011 and terminal benefits claim unproven.
Employment law – termination of oral contract – resignation versus dismissal – notice; Leave entitlements – accrual requires six months’ continuous service; Terminal benefits – claimant must substantiate entitlement and quantum; Evidentiary weight – conflicting labour-office letters and burden of proof.
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6 August 2024 |
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Whether the applicant was dismissed or resigned and entitled to accrued leave and terminal benefits.
Employment law – oral contract – resignation v. dismissal – entitlement to accrued leave (continuous service requirement) – terminal benefits under section 21(b) – burden of proof and evidential substantiation.
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6 August 2024 |
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Unsigned contract enforceability and expatriate gratuity entitlement are factual issues unsuitable for summary determination.
Contract law — unsigned/draft agreements — incorporation by intention and performance; Employment law — statutory gratuity and expatriate exemption; Preliminary issues — Order 14A and Order 33 — suitability for summary determination.
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5 August 2024 |
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Application for judgment on admission dismissed because defence and documents lacked clear, unequivocal admissions.
Judgment on admission – discretionary relief – requires clear and unequivocal admission in pleadings or documents; set-off and disputed valuation preclude entry of judgment; general denials versus traversing allegations.
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2 August 2024 |
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Possession or manufacture of sample bags alone does not prove trade mark use in the course of trade.
Trade mark infringement – registered proprietor – elements: valid registration, use in course of trade without consent, likelihood of confusion – possession/manufacture of sample sacks does not necessarily constitute use in trade – burden of proof on proprietor.
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2 August 2024 |
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An adoption order survives annulment; administrators must file a full inventory/account and distribution is stayed pending verification.
Intestate succession — administrators’ duty to inventory and account — validity of adoption despite annulment — ex-gratia family agreements and enforceability — stay of distribution pending accounting — administrators acting beyond mandate (construction/trust).
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2 August 2024 |
| July 2024 |
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Failure to specifically traverse allegations can amount to deemed admissions, but the court may still refuse judgment on admission where substantive disputes and a counterclaim exist.
Civil procedure — Order 53 Rule 6 High Court (Amendment) Rules — failure to specifically traverse allegations — deemed admission — discretion to enter judgment on admission — counterclaim and substantive disputes may render judgment inappropriate.
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29 July 2024 |
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A government‑owned statutory entity cannot maintain a defamation action because it would unduly restrict public criticism.
Defamation law – Government‑owned/controlled entities – Right to sue – Public policy and freedom of expression – Order 14A summary determination – Locus standi where imputations alleged against officers rather than corporate entity.
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26 July 2024 |
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Plaintiff's failure to file the mandatory letter of demand with the writ was fatal; proceedings dismissed, leave to appeal granted.
Civil procedure — Order VI Rule 1(1)(d) HCR — mandatory requirement to file letter of demand with writ — failure fatal to proceedings; dismissal; leave to appeal.
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25 July 2024 |
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Court expunged statute‑barred employment claims under s.52(6) but allowed remaining contract claims to proceed with leave to amend.
Employment law – limitation period – section 52(6) Employment Code Act – jurisdiction to entertain statute‑barred claims – Order 14A point of law – expungement of claims – leave to amend pleadings.
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25 July 2024 |
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Court expunged employment claims barred by section 52(6) but retained non‑time‑barred contractual claims and allowed amendment.
Civil procedure – Order 14A preliminary determination; Employment law – jurisdiction of Industrial Relations Court vs High Court; Employment Code Act s.52(6) – 30‑day limitation for termination complaints; Expungement of time‑barred employment claims; Leave to amend pleadings.
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24 July 2024 |
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Claims governed by Section 52(1)–(5) filed beyond the 30‑day limit were expunged; other non‑Section 52 claims may proceed.
Employment law — Jurisdiction: Industrial Relations Court vs High Court General List; Section 52(6) Employment Code Act — 30‑day limitation for termination complaints; Validity of discontinuance — multiplicity of actions; Expungement of time‑barred claims; Leave to amend originating process.
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24 July 2024 |
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24 July 2024 |
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Court granted decree nisi for irretrievable breakdown on two years' separation and consent, referring custody and property to mediation.
Matrimonial Causes Act (ss.8, 9(1)(d), 41) – Irretrievable breakdown – Two years' separation plus consent – Decree Nisi – Special Procedure/Order 30 Rule 6A (determination on documents) – Referral of custody and property to mediation (Order 30 Rule 4) – Costs each party.
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24 July 2024 |
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Plaintiff who discontinued land re-entry claim after jurisdictional clarification not ordered to pay defendants' costs; each bears own costs.
Civil procedure – discontinuance with leave – Order 17 Rule 1 – court's discretion as to costs; Land law – re-entry under Section 13(3) Lands Act – jurisdiction of Lands Tribunal v High Court; Costs – exercise of judicial discretion where law was unclear.
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24 July 2024 |
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Applicant awarded judgment for loan recovery; Registrar to assess amount; foreclosure permitted if unpaid within 90 days.
Equitable mortgage; loan recovery; enforceability of contractual interest and fees; assessment of judgment debt by Registrar; foreclosure and sale of mortgaged property.
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22 July 2024 |
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Warning letters issued without affording a hearing breach contract; dismissal was wrongful (damages awarded) but not statutorily unfair.
Employment law – Disciplinary procedure – Warning letters require opportunity to be heard – Failure to afford hearing breaches contract – Wrongful dismissal entitling employee to damages but not necessarily statutory unfair dismissal remedies – Gratuity and pay for unworked months not payable if contract terminated before expiry – Leave pay award if unpaid.
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20 July 2024 |
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Court set aside business rescue resolution where board lacked reasonable belief of financial distress and prospect of rescue.
Corporate Insolvency Act – commencement of business rescue – s21: statutory test for 'financially distressed' (likely insolvent within six months) and reasonable prospect of rescue – s22 court power to set aside resolution – filing at PACRA – invalid business rescue cannot be converted into liquidation without appropriate procedure – interlocutory relief under s28(2) only available during valid business rescue proceedings.
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19 July 2024 |
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19 July 2024 |
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Employer failed to prove operational requirements; termination unlawful—24 months' salary, severance and repatriation awarded.
Employment law – Termination for operational requirements – Employer must substantiate operational basis under s.52(2) Employment Code Act – Unlawful termination where employer fails to prove reorganisation – Damages: departure from normal notice award justified; severance pay and repatriation ordered.
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17 July 2024 |