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Citation
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Judgment date
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| September 2025 |
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Complainant failed to prove constructive dismissal; retirement benefits correctly computed on substantive Management Accountant grade.
Labour law – constructive dismissal – probationary confirmation assessments – role of supervisor and managing director – computation of terminal benefits on substantive salary.
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19 September 2025 |
| July 2025 |
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Dismissal found wrongful; unpaid salaries, accrued leave and gratuity at 25% payable; four months' salary awarded for wrongful dismissal.
Employment law — termination — resignation v dismissal — wrongful dismissal for failure to afford hearing; entitlement to unpaid wages and accrued leave — fixed-term contract gratuity — Employment Code s.54(1)(c) overrides less favourable contractual term, granting 25% severance — interest and assessment by Registrar.
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9 July 2025 |
| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
| 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 |
| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
| December 2023 |
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Employee awarded accrued leave, gratuity, pay for days worked and notice pay; claim for future salaries dismissed.
Employment law — contractual leave pay; statutory calculation of leave benefits; contractual gratuity (25% of basic pay); salary arrears for days worked; future salary claims as unjust enrichment; notice pay; hearing in absentia where respondent aware.
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26 December 2023 |
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Complainant failed to prove an employment relationship; employment claims dismissed and hire counter-claim dismissed for lack of jurisdiction.
Employment status — employee vs independent contractor — control test and whether work is integral to employer's business — burden of proof in employment claims — jurisdictional limits of Industrial Relations Court for commercial hire disputes.
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20 December 2023 |