Results.
92 judgments found.
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| December 2023 |
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Summary dismissal for gross misconduct upheld; damages and pension claims dismissed, leave to appeal granted.
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Employment law — wrongful v unfair dismissal; disciplinary procedure and natural justice; summary dismissal for gross misconduct; discrimination claims burden; entitlement to terminal benefits requires pension contributions.
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15 December 2023 |
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A live-in domestic worker was held entitled to accrued leave, severance (from transition date), separation package and notice pay from the respondent employer.
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Employment law — Domestic worker — Employer liability where worker serves in matrimonial home — Application of Minimum Wages and Conditions of Employment (Domestic Workers) Order and Employment Code Act — Accrued leave pay, prorated severance, separation package and notice pay.
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8 December 2023 |
| November 2023 |
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Summary dismissal for being drunk on duty upheld based on reliable blood-alcohol evidence and proper disciplinary procedure.
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Employment law — unfair dismissal — drunk on duty — employer's evidential burden (s.52(5) Employment Code Act) — reliability of blood alcohol test and medical interpretation — disciplinary procedure and right to be heard.
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30 November 2023 |
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Complainant awarded leave pay, K270,000 salary arrears and access to retrieve goods; counterclaims dismissed and costs awarded.
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Employment law — unpaid salary arrears and accrued leave — proof and admissible quantum; claim inflation at trial; counter‑claims dismissed for want of prosecution; costs for unreasonable conduct under Rule 44; trial in absence after proper service; interest at commercial bank deposit and Bank of Zambia lending rates.
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23 November 2023 |
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3 November 2023 |
| October 2023 |
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Employee deemed confirmed after probation; termination by redundancy was unlawful and unfair—six months' salary awarded.
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Employment law — redundancy vs retrenchment; confirmation after probation; employer duty to give notice and consult under Employment Code (s55); right of re‑employment after redundancy (s57); requirement for genuine reorganisation, selection criteria and board authorisation; measure of damages for unlawful/unfair dismissal.
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26 October 2023 |
| September 2023 |
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Redundancy established: employees awarded statutory redundancy pay and salary arrears; accrued leave claim failed; joinder refused.
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Employment law — redundancy versus retrenchment — application of Employment Code Act s.55; computation of redundancy pay (pre- and post-9 May 2020); entitlement to salary pending unpaid redundancy (s.55(3)(b)); statutory exemptions to annual leave (SI No.48 of 2020); joinder of third parties — requirement of evidential basis.
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22 September 2023 |
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Complainant entitled to accrued leave and salary, but not statutory gratuity absent a qualifying long-term contract.
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Employment law — jurisdiction to file complaint out of time; accrued benefits payable despite dismissal; gratuity under Employment Code Act 2019 applies to long-term contracts only; distinction between permanent and long-term contracts; non-retroactivity/contractual entitlement to gratuity.
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6 September 2023 |
| August 2023 |
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Expatriate employee unlawfully terminated without reasons; awarded 12 months' salary, redundancy and mental distress claims dismissed.
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Employment law — Expatriate employment and skills-transfer — Requirement to give substantiated reasons for termination (Employment Code Act s52) — Unilateral withdrawal of notice invalid without consent — Unlawful but not wrongful termination — Damages: 12 months' basic salary — Redundancy and mental distress claims dismissed.
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21 August 2023 |
| July 2023 |
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Registrar granted leave under s85(3) to file an out-of-time complaint, finding the delay not deliberate and imposing a 14-day deadline.
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Industrial Relations Act s85(3) — Registrar's discretionary power — Leave to file out-of-time complaint — Delay not deliberate — 14-day filing deadline.
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10 July 2023 |
| June 2023 |
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Probation dismissals require statutory assessment and hearing; failure renders dismissal unfair, unlawful and compensable.
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Employment law — probation — statutory procedural requirements (assessment, communication, right to be heard) — management status vs unionised employee — re‑designation under Minimum Wages and Conditions of Employment (General) Order — prohibition on contracting out of mandatory Employment Code provisions — remedies: damages, statutory underpayments, severance, interest.
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22 June 2023 |
| February 2023 |
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Employer failed to prove bona fide operational requirements; terminations were unfair and damages awarded (five months' salary each).
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Employment law — redundancy v. termination — operational requirements — burden of proof on employer under s.52(5) Employment Code Act — unfair/unlawful dismissal — damages.
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13 February 2023 |
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Employer dismissed employees without charge or hearing; dismissals held wrongful and unfair, awarding 24 months' salary as damages.
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Employment law — Employment status — wrongful and unfair dismissal — breach of natural justice and s.52(3) Employment Code Act — damages (24 months’ salary) — suspension without pay — costs for unreasonable delay.
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10 February 2023 |
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Employment performed in Zambia is governed by Zambian law; summary dismissal without a hearing is unfair and attracts damages.
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Employment law — Governing law for contracts performed in Zambia — Incorporation of external terms — Wrongful v. unfair dismissal — Requirement to give valid reasons and hearing before summary dismissal — Remedies: damages, notice pay, return of employer property — Counterclaim must be pleaded.
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3 February 2023 |
| January 2023 |
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Employer's financial inability did not establish redundancy; employees entitled to notice pay, accrued leave and gratuity post-Act commencement.
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Employment law — redundancy v operational requirements — section 55 Employment Code Act — notice entitlement (s.53) — accrued leave — gratuity entitlement under Employment Code Act (25% for long-term contract period) — assessment by Deputy Registrar — interest and costs.
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20 January 2023 |
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Termination for employer financial difficulty is not automatic redundancy; employees entitled to notice pay, accrued leave and post‑Act gratuity.
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Employment law — termination — redundancy v operational/financial reasons — application to oral contracts; notice entitlement; payment for accrued leave; gratuity under Employment Code Act s73; assessment by Deputy Registrar; interest; leave to appeal.
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20 January 2023 |
| December 2022 |
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Summary dismissal upheld where senior officer admitted misconduct; not discriminatory and VSS claim fails due to ineligibility.
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Employment law — summary dismissal — disciplinary procedure and natural justice — admission of misconduct — proportionality of sanction for senior/controlling officer — discrimination in dismissal — voluntary separation scheme eligibility.
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16 December 2022 |
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Unilateral variation of employment terms without consent constituted redundancy; statutory redundancy and gratuity remedies ordered.
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Employment law — redundancy — unilateral variation of basic conditions of service without consent constitutes redundancy (s.55(1)(c)) — automatic termination on date of variation — procedural notice under s.55(2) not required where variation effects termination — redundancy payment minimum: two months’ pay per year served (s.55(3)) — entitlement to gratuity (25%) (s.73).
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13 December 2022 |
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Termination triggered by the principal contract's end was lawful; redundancy claims dismissed; accrued leave payable.
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Employment law — termination by operation of contractual clause upon end of principal contract; distinction between wrongful and unfair termination; redundancy entitlement; proof of statutory benefits; assessment of accrued leave.
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8 December 2022 |
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Employee unfairly dismissed for private conduct outside employment; awarded 24 months' salary damages and accrued leave assessment.
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Employment law — dismissal — distinction between wrongful (procedural) and unfair (substantive) dismissal — conduct outside course of employment not proper ground for disciplinary dismissal — reinstatement sparingly granted — damages as alternative remedy — entitlement to accrued leave; failure to prove other statutory benefits.
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6 December 2022 |
| November 2022 |
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Registrar granted leave to file complaint out of time under Section 85(3) due to non‑deliberate delay.
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Industrial Relations Court Act s.85(3) — leave to file complaint out of time — Registrar’s discretion — affidavit evidence — non‑deliberate delay.
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14 November 2022 |
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The complainant's summary dismissal for unauthorised removal of company property and attempted bribery was procedurally and substantively fair.
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Employment law — disciplinary code applicability — procedural fairness under section 52(3) Employment Code Act — unauthorised removal of company property — attempted bribery — summary dismissal — substratum of facts and proportionality of sanction.
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1 November 2022 |
| September 2022 |
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Dismissal without formal charge or hearing is wrongful and unfair; six months' salary awarded, terminal benefits claim dismissed.
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Employment law — wrongful and unfair dismissal; failure to charge and afford hearing; breach of disciplinary procedure and Employment Code Act; damages awarded (six months' salary plus allowances) with interest; terminal benefits dismissed where already paid; assessment by Deputy Registrar.
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16 September 2022 |
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Summary dismissal for unauthorised absence/desertion upheld; only unpaid accrued leave awarded with interest; other claims dismissed.
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Employment law — Summary dismissal for unauthorised absence/desertion — Fairness assessed by reason for dismissal notwithstanding procedural non-compliance — Claimant failed to prove entitlement to subsistence allowances and wages — Accrued leave payable with interest.
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13 September 2022 |
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Court found dismissals wrongful and unfair, awarding damages, allowances and unpaid July salaries to the complainants.
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Employment law — wrongful and unfair dismissal; disciplinary procedure and natural justice; insufficiency of evidence for alleged falsification/conspiracy; remedies — damages, unpaid salaries, extra duty and big-class allowances; gratuity deductions and NAPSA remittances.
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12 September 2022 |
| August 2022 |
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Most complainants’ claims were statute‑barred under Section 85(3); only two complaints were timely and allowed to proceed.
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Industrial Relations Act s85(3) — limitation and jurisdiction; exhaustion of administrative channels; procedural compliance — Order 14A vs Industrial Relations Court Rules; affidavit jurat defect — defect in form curable under s47 Interpretation and General Provisions Act; dismissal for want of jurisdiction; leave to appeal granted.
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18 August 2022 |
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An employer lawfully dismissed the applicant for procedural breaches and unauthorised removal of property despite criminal acquittal.
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Employment law — unfair dismissal; disciplinary procedure and right to be heard; administrative discipline despite criminal acquittal; burden of proof in disciplinary proceedings; proportionality of sanctions.
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17 August 2022 |
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Court found dismissal for dishonest conduct procedurally fair and substantively justified; wrongful and unfair dismissal claims dismissed.
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Employment law — dismissal — wrongful (procedural) v unfair (substantive) dismissal — disciplinary procedure and natural justice — internal disciplinary proceedings concurrent with criminal prosecution — sufficiency of factual substratum to support summary dismissal for dishonest conduct — company gate pass/fuel policy.
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2 August 2022 |
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Court found dismissal procedurally regular and substantively justified; claims for wrongful and unfair dismissal dismissed.
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Employment law — wrongful (procedural) dismissal; unfair (substantive) dismissal — compliance with disciplinary code and natural justice — substratum of facts to support dismissal — concurrent internal disciplinary and criminal proceedings.
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2 August 2022 |
| June 2022 |
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Employee dismissed after refusing to attend disciplinary hearings; accrued leave awarded, dismissal and terminal benefits claims dismissed.
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Employment law — dismissal for misconduct — statutory right to be heard (s.52(3) Employment Code; clause 10(c) collective agreement) — refusal to attend disciplinary hearing — accrued leave entitlement — unjust enrichment and terminal benefits.
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30 June 2022 |
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Claims for contractual allowances, bonus variation, redundancy and wrongful termination dismissed; respondent must issue certificate of service.
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Employment law — contractual terms trump verbal promises; allowances must be contractually or statutorily provided; discretionary bonuses not contractual; employer may transfer employees within Zambia if contract permits; refusal to accept lawful redeployment may amount to resignation/desertion; mandatory issuance of certificate of service under Employment Code Act.
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30 June 2022 |
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Discretionary bonuses and intra‑company transfers permitted by contract do not automatically give rise to redundancy or unlawful variation; employer must issue certificate of service.
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Employment law — allowances and arrears; discretionary bonuses — not contractual entitlements; intra‑company transfers — contractual transfer clause and statutory provisions; redundancy and desertion; duty to issue certificate of service.
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30 June 2022 |
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Termination under the contract's notice clause for operational requirements was lawful; wrongful dismissal claim dismissed.
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30 June 2022 |
| March 2022 |
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Summary dismissal without a hearing breached natural justice and s52(3), warranting damages and payment for accrued leave.
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Employment law — summary dismissal in absentia — duty to accord opportunity to be heard (natural justice; Employment Code s52(3)) — entitlement to accrued leave where employer fails to prove forfeiture policy.
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31 March 2022 |
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Summary dismissal upheld for misconduct; accrued leave payable, damages and unspecified terminal benefits claims dismissed.
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Employment law — summary dismissal for misconduct — procedural fairness and substratum of facts — entitlement to accrued leave despite summary dismissal — failure to prove unspecified terminal benefits.
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2 March 2022 |
| February 2022 |
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Summary dismissal for unauthorised removal of company property upheld; accrued leave payable, unspecified service benefits not proven.
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Employment law — unfair dismissal — summary dismissal for unauthorised removal of company property/theft — disciplinary procedure and opportunity to be heard — substratum of facts required — accrued leave payable despite summary dismissal.
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23 February 2022 |
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Failure to apply for leave to file out of time under Section 85(3) renders an Industrial Relations complaint incompetent and statute‑barred.
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Industrial relations — Limitation and jurisdiction — Section 85(3) ILR Act — Mandatory 90‑day filing period — Leave to file out of time required before commencement — Reasons for delay must exist before expiry — Article 118(2)(e) does not negate jurisdictional procedural requirements.
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10 February 2022 |
| December 2021 |
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Employment Code equal-pay rules required employer to remedy salary and housing allowance disparities from 9 May 2020.
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Employment law — equal pay for equal work — Employment Code s5(4) — transitional provisions and effective date (9 May 2020) — employer burden to prove remuneration policy — housing entitlement s92 — underpayment of salary, leave and gratuity.
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2 December 2021 |
| August 2021 |
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Summary dismissal upheld for conflict of interest; complainant awarded unpaid salary and leave, commission and counterclaims dismissed.
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Employment law — conflict of interest, implied duty of fidelity and loyalty — summary dismissal for gross misconduct and dishonesty — conditional commission incentives — procedural fairness and opportunity to be heard — counter-claims for account and surrender of proceeds; resident permit administrative issue.
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26 August 2021 |
| July 2021 |
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Failure to state statutory reasons for termination breached the Employment (Amendment) Act; employee awarded damages, pension and NAPSA remittance.
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Employment law — Termination — Requirement to give reasons under s.5(a) Employment (Amendment) Act No.15 of 2015 — Natural justice and disciplinary process — Damages, pension payment and NAPSA remittance ordered.
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26 July 2021 |
| November 2020 |
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Where the dispute arose after Constitution Amendment Act No. 2 of 2016, no leave is required to file the complaint out of time.
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Industrial relations — leave to file out of time — applicability of section 85(3) ILRA — effect of Constitution Amendment Act No. 2 of 2016 — amicable settlement attempts as excuse for delay.
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6 November 2020 |
| March 2018 |
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Court upheld bona fide operational-requirements dismissals after finding genuine reorganisation and lawful termination.
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Employment law — termination for operational requirements — statutory requirement for valid reason (Employment Amendment Act 2015 s.36(3)) — courts may delve behind contractual notice clauses — bona fide reorganisation — proof of operational necessity.
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7 March 2018 |