Results.
46 judgments found.
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| November 2024 |
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Claims for breach, gratuity and unworked‑period salary were dismissed where dismissal followed repeated unauthorized strikes and dues were paid.
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Labour law — unauthorized strikes — dismissible misconduct; proof of breach of contract; entitlement to remuneration for periods not worked; Ministerial minimum wage categorisation.
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28 November 2024 |
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Whether the Labour Commissioner lawfully cancelled the applicant union's registration while court proceedings on its validity were pending.
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Labour law — Trade union registration — Cancellation of certificate by Labour Commissioner — Effect of pending litigation on recognition and union activity — Section 12 and section 13(4)(a) Industrial and Labour Relations Act — Restoration of registration and costs for non-appearance.
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25 November 2024 |
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A minor, non-prejudicial amendment filed without leave was treated as properly before the Industrial Relations Division; matter to proceed on merits.
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Industrial Relations Court — Pleadings — Amendment of answer — IRC Rule 36 and Rule 55 — High Court Rules inapplicable to IRD — White Book applicable only to lacunae — Validity of pleadings signed by in-house counsel — Substantial justice over procedural technicality.
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21 November 2024 |
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Minor amendment to respondent's answer filed without leave held valid; IRD procedure governed by IRC rules, White Book only fills lacunae.
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Industrial Relations Court procedure — amendment of pleadings — Rule 36(5) IRC and Rule 55 IRC — applicability of High Court Rules to IRD — English White Book as gap-filler only — validity of pleadings signed by counsel — substantial justice over technicalities.
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21 November 2024 |
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Complainant proved employment and entitlement to statutory 25% severance; specific severance and salary-arrears claims dismissed for lack of proof.
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Employment law — existence of employment relationship; Employment Code Act 2019 s54 — statutory severance (25% gratuity); burden of proof on claimant for salary arrears; accrued leave quantification in absence of records.
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15 November 2024 |
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Whether complainants dismissed during probation proved entitlement to unpaid salaries, leave or allowances; only one claimant succeeded.
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Industrial relations — oral employment contracts — dismissal during probation — salary arrears — burden of proof and abandonment of claims — entitlement to leave and allowances — interest on awards (Bank of Zambia Short Term Lending Rate; thereafter 6%).
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15 November 2024 |
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Court found dismissal reasonable for withdrawal of labour; unfair dismissal claim dismissed.
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Employment law — Alleged illegal strike/withdrawal of labour — Reasonableness test for dismissal — Employer’s disciplinary power — Unchallenged disciplinary minutes as evidence.
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13 November 2024 |
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Claim for wrongful/unfair dismissal dismissed; disciplinary process found fair and mental anguish unproven.
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Employment law — disciplinary procedure — wrongful dismissal — unfair dismissal — double claiming of imprest/duplicate payments — requirement of proof for mental anguish damages; procedural fairness of domestic disciplinary hearings.
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13 November 2024 |
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Recognition agreement fixes employer’s duty to remit union subscriptions; pre-agreement arrears not recoverable; unpaid fees to be quantified.
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Labour law — trade union subscription fees — recognition agreement crystallising employer’s obligation to remit subscriptions — recoverability of pre-recognition arrears — consequence of party’s non-appearance at trial.
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12 November 2024 |
| October 2024 |
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Summary dismissal for gross negligence and prior misconduct was lawful; no damages for mental distress awarded.
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Employment law — dismissal — gross negligence and accumulation of misconduct; unfair vs wrongful dismissal; procedural defects do not nullify dismissal where dismissible offence proven; damages for mental distress require unfair/wrongful dismissal and proof.
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31 October 2024 |
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Applicant awarded accrued leave and salary arrears; claims for terminal benefits and unfair dismissal failed for lack of proof.
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Employment law — verbal employment — proof of employer/employee relationship; entitlement to accrued leave and unpaid salary arrears; failure to prove terminal benefits; proceedings in absence of respondent; interest on awards.
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30 October 2024 |
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Resignation was not constructive dismissal, but employer unlawfully compelled work post-resignation; gratuity and leave entitlements awarded.
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Employment law — whistleblowing/protected disclosure — constructive dismissal — occupational detriment — unlawful continuation of employment after resignation — statutory (25%) and contractual (10%) gratuity — leave pay computation — performance bonus claim dismissed.
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21 October 2024 |
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Fixed-term employee awarded leave pay, phased gratuity, salary arrears and one month’s damages for constructive dismissal.
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Employment law — fixed-term vs permanent contract; freedom of contract; constructive dismissal; statutory gratuity under Employment Code; entitlement to accrued leave and salary arrears; exclusions for management and collective agreements.
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17 October 2024 |
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Court dismissed challenge to audiovisual testimony, citing expedition, cost and complainant's health as justification for video evidence.
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Evidence — audiovisual testimony; procedural discretion to permit video evidence; assessment of demeanour; risks of coaching or tampering; expedition, cost and health considerations.
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15 October 2024 |
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Complainant failed to prove unlawful dismissal, fringe benefit entitlements, or suitability for reinstatement; claim dismissed, leave to appeal granted.
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Labour law — unfair/summary dismissal — burden of proof on employee to establish unlawful dismissal and contractual entitlements; constructive dismissal and fringe benefits; reinstatement an exceptional remedy, rarely granted, impracticable after long lapse.
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11 October 2024 |
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Whether the claimant proved a secured interest in goods seized in execution and who bears execution and interpleader costs.
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Interpleader summons; notice of claim to goods taken in execution; burden on claimant to prove proprietary/secured interest; floating charge crystallization; validity of writ of fieri facias; sheriff's and interpleader costs.
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9 October 2024 |
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Refusal of an unsuitable redeployment amounted to redundancy; complainant awarded statutory redundancy package.
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Employment law — redundancy under section 55 Employment Code Act — redeployment and suitability of alternative post — constructive dismissal as alternative remedy — employer identity and contractual transfer clause — proof of discrimination.
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1 October 2024 |
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Redeployment within contractual powers gave rise to statutory redundancy (effective 9 October 2021); constructive dismissal not established.
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Employment law — employment identity of employer — interpretation of offer letter and contract — redeployment and redundancy under Employment Code Act s.55 — suitability of alternative employment — constructive dismissal and employer’s contractual power to transfer.
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1 October 2024 |
| September 2024 |
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Employee unfairly dismissed without hearing; awarded one month's salary, accrued pay, 26 leave days and housing allowance.
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Employment law — unfair dismissal for lack of hearing; deemed confirmation after probation — permanent employment; remedies: one month's salary damages, accrued pay, leave and housing allowance; gratuity, subsistence and risk allowance claims fail for legal/evidential reasons; counterclaim dismissed.
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30 September 2024 |
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Employer cannot withhold statutory benefits as compensation; termination requires valid reason, hearing and notice.
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Employment law — termination versus dismissal; statutory requirements for termination (valid reason, opportunity to be heard, notice); gratuity as contractual term payable pro rata; contractual clauses withholding statutory benefits unenforceable.
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30 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.
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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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The respondent unlawfully deducted the complainant's terminal dues and underpaid gratuity; overtime claim lacked proof.
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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 |
| August 2024 |
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Applicant dismissed; not entitled to leave for 2006–2011 and terminal benefits claim unproven.
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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.
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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 |
| July 2024 |
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Employer failed to prove operational requirements; termination unlawful—24 months' salary, severance and repatriation awarded.
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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 |
| June 2024 |
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Court upheld ex‑parte grant of leave to file labour complaint out of time; section 85(3) contains no time limit for the leave application.
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Labour law — extension of time under s.85(3) ILR Act; ex‑parte application for leave to file complaint out of time; discretion to extend time; reasons must predate the 90‑day period; meritorious grounds include bona fide attempts to resolve and financial constraints when shown to have existed within the mandatory period.
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18 June 2024 |
| May 2024 |
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Whether instant termination without following contractual disciplinary procedure and opportunity to be heard constitutes unfair and wrongful dismissal.
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Employment law — substance over label: 'contract for service' found to be employment; dismissal v termination; summary dismissal; statutory right to be heard (s52(3)); breach of contractual disciplinary procedure (two warning letters); damages for unfair and wrongful dismissal; overtime claim requires proof of excess hours.
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31 May 2024 |
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Only the complainant with a post‑S.I.106 contract entitled to SI benefits; other underpayment claims dismissed.
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Labour law — Statutory Instrument No.106/2020 — non‑retrospectivity of legislation; Employment Code — mandatory gratuity (25% of basic pay) for long‑term contracts; burden of proof on employee for underpayment; overtime requires proof of excess hours and employer approval; remedies — Registrar to assess proven underpayment; interest and costs.
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24 May 2024 |
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Employee awarded severance (post-transition), unpaid salaries, accrued leave, housing and lunch allowances; uniform bond claim dismissed.
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Employment law — entitlement to severance pay under the Employment Code Act — effect of transition date (9 May 2020) — application of Minimum Wages and Conditions of Employment (General) Order 2011 — awards for unpaid salaries, accrued leave, housing and lunch allowances — defaulting respondent; burden of proof.
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13 May 2024 |
| April 2024 |
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Summary dismissal upheld; complainant awarded only unpaid salary and accrued leave (K1,332); other terminal benefits dismissed.
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Employment law — Summary dismissal — Disciplinary procedure under collective agreement — Entitlement to unpaid wages and accrued leave — No gratuity or severance where no long-term contract or qualifying category under Employment Code Act (sections 51, 54, 73).
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30 April 2024 |
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The respondent lawfully dismissed the complainant for dishonesty in diverting stock; reinstatement and damages denied.
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Employment law — dismissal for misconduct/dishonesty — diversion of stock to indebted distributors — disciplinary procedure followed — wrongful and unfair dismissal claims dismissed — no costs awarded.
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24 April 2024 |
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Employees awarded accrued leave, prorated gratuity, limited salary arrears, notice pay and one month's damages for unlawful termination.
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Employment law — long-term contracts — accrual and pay of leave; statutory pro rata gratuity on premature termination (s.73 Employment Code Act); proof required despite respondent's absence; unlawful/unfair termination requires valid reasons — damages measured by notice period.
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15 April 2024 |
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Dismissal upheld as neither wrongful nor unfair; employer's counterclaims dismissed for insufficient evidence.
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Employment law — wrongful versus unfair dismissal; application of disciplinary code and procedural fairness; evidential burden for counterclaims; dismissal supported by documentary evidence and admission.
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10 April 2024 |
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Court found retaliatory dismissal for suing over unpaid wages unlawful, awarding one month's notice, accrued leave and 12 months' exemplary salary each.
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Employment law — dismissal v termination — procedural fairness and natural justice — wrongful, unlawful and unfair dismissal — notice pay; terminal benefits (accrued leave); exemplary damages for non-remittance of pension contributions; interest and costs; leave to appeal granted.
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3 April 2024 |
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Contractual notice termination lawful absent malice, but unilateral reduction of pay constituted breach—six months' damages awarded.
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Employment law — Contractual termination clause — Distinction between termination and dismissal — Court's power to look behind termination for substantial justice — Unilateral variation of wages and allowances without consent — Breach of contract — Damages for breach (six months' salary).
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3 April 2024 |
| March 2024 |
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Termination by notice was unlawful without valid reason; employee entitled to accrued leave, statutory severance/gratuity and damages.
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Employment law — accrued leave entitlements; gratuity and severance — effect of enactment of Employment Code and temporal application; minimum wage overrides lower contractual basic pay; termination by notice must be accompanied by valid substantiated reasons — failure renders termination unfair; employer liability for off-premises accident requires causal connection.
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7 March 2024 |
| February 2024 |
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Complainants awarded leave pay, gratuity and uniform bond refund; most other employment claims dismissed for lack of merit.
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Employment law — termination for misconduct (abandoning post) — applicability of exhibited conditions of service — entitlement to accrued leave pay — contractual gratuity payable on termination — no notice pay where dismissal permitted by disciplinary code — allowances and minimum wage claims displaced by collective bargaining — refundable uniform security bond — compassionate leave and funeral grant non-applicable/ non-retroactivity of Employment Code — insufficient evidence for overtime/night/public holiday pay or monetary conversion of mother's days.
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27 February 2024 |
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The complainant was wrongfully terminated from a mine‑linked long‑term contract and awarded 24 months' salary.
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Employment law — contract characterisation (life‑of‑mine long‑term contract) — confirmation letter and variation — wrongful termination for breach of contract and failure to give valid substantiated reason — jurisdiction preserved despite partial Ministry settlement — damages awarded (24 months' salary) — interest and costs.
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23 February 2024 |
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23 February 2024 |
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Employer failed to charge and meaningfully hear employee; dismissal was wrongful and unfair, awarding 18 months' salary plus arrears and allowances.
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Employment law — disciplinary procedure — suspension and summary dismissal — necessity of written charges, particulars and formal hearing; burden on employer to prove valid reason; remedies for wrongful and unfair dismissal (damages, back pay, recovery of underpayments); gratuity entitlement under pre‑2019 law.
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16 February 2024 |
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Employee suspended pending investigation not dismissed; entitled to September salary and accrued leave but failed to prove underpayments or redundancy.
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Employment law — suspension vs dismissal; accrued rights — salary and leave pay; burden of proof for underpayments; redundancy claims under SI No.2/2011; admissibility of uncommissioned affidavit where deponent testifies orally; costs — each party to bear own.
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15 February 2024 |
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Whether a worker was a permanent protected employee entitled to leave pay, gratuity and notice pay.
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Employment law — determination of employment status (permanent vs seasonal) — protected worker — application of Minimum Wages and Conditions of Employment (General) Order 2011 (as amended) — entitlement to accrued leave pay and gratuity — severance pay conditions (10 years and age 55) — notice pay — burden of proof for compensation for workplace injury.
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6 February 2024 |
| January 2024 |
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Complainant found to have absconded; awarded accrued leave and limited severance; counterclaim for bus damages dismissed.
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Employment law — summary dismissal for unauthorised absence — entitlement to accrued leave pay — severance pay payable to permanent employees from transition date (9 May 2020) — employer deduction for failure to serve notice — counterclaim for vehicle repair and loss requires proof on balance of probabilities.
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29 January 2024 |
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Employee entitled to leave, notice, statutory underpayments and allowances; severance claim dismissed.
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29 January 2024 |
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Employee wrongfully and unfairly dismissed without charge or hearing; awarded nine months' pay and unpaid accrued leave balance.
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Employment law — wrongful and unfair dismissal — procedural fairness (natural justice, section 52(3) Employment Code Act) — proof of salary arrears and salary advance records — accrued leave entitlement — measure of damages (departure from notice period).
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26 January 2024 |
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Sleeping on duty found to justify dismissal; employee entitled to one month’s pay in lieu of notice but not other damages.
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Employment law — Termination — Resignation versus dismissal — Sleeping on duty as misconduct — Unfair dismissal standard — Entitlement to payment in lieu of notice — Burden of proof for damages.
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11 January 2024 |