Results.
84 judgments found.
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| September 2022 |
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Court granted leave to commence committal proceedings against directors for failing to comply with a reinstatement and payroll order.
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Contempt of court — committal proceedings — ex parte leave — requirements: affidavit, personal service, penal notice endorsement; Industrial Relations Division jurisdiction; corporate officers as intended contemnors.
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28 September 2022 |
| August 2022 |
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Expiry of a fixed‑term contract is not dismissal; late notice breached procedure, awarding one month’s salary as compensation.
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Employment law — Fixed‑term contracts — Expiry by effluxion of time vs termination — Constructive dismissal — Legitimate expectation of renewal — Breach of notice provision — Remedy under Industrial and Labour Relations Act s85A(d).
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24 August 2022 |
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Court retained jurisdiction over a constructive dismissal claim; focus is on timeliness, not mandatory exhaustion of internal remedies.
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Industrial Relations — s.85(3) ILRA — jurisdiction and timeliness — exhaustion of internal grievance procedures — constructive dismissal — non-exhaustion affects credibility not jurisdiction.
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12 August 2022 |
| July 2022 |
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21 July 2022 |
| May 2022 |
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3 May 2022 |
| April 2022 |
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Whether an employee is entitled to statutory underpayments despite signing a settlement and lacking contract copies.
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Employment law — oral engagement v. contracting — whether boiler overhaul was a contractor job or part of employment; protected worker under SI No.70/2018 — entitlement to statutory underpayments despite signing a purported full and final settlement; burden of proof for overtime and underpayment claims; employer withholding contracts of employment.
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20 April 2022 |
| March 2022 |
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Complainant entitled to July salary, pro rata gratuity and damages after employer failed to substantiate theft allegation.
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Employment law — summary dismissal — burden on employer to prove valid reason — unfair and unlawful dismissal where accusation unsubstantiated — entitlement to accrued salary and allowances — pro rata gratuity — failure to prove unpaid leave — costs for failing to defend.
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10 March 2022 |
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Protected shop worker unfairly and unlawfully dismissed; awarded underpayments, leave, allowances, severance and damages.
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Employment law — protected worker status under Shop Workers Orders; recategorisation to Grade 1; unfair and unlawful summary dismissal; remedies: underpayment, leave, allowances, severance pay (25%), damages, interest, costs.
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2 March 2022 |
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Protected shopworker unlawfully summarily dismissed; awarded underpayments, leave and allowances, one month's damages, severance, interest and costs.
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Employment law — protected worker; Shop Workers Orders — reclassification to Grade 1 general worker; statutory minimum wages and allowances; unlawful summary dismissal — failure to remit pension contributions; entitlement to underpayments, leave pay, allowances, severance (25%), damages, interest and costs; judgment on default of defence.
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2 March 2022 |
| January 2022 |
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Reallocation to a new judge restarts the s.19(3)(b)(ii) one-year disposal period; matter not dismissed for want of prosecution.
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Industrial and Labour Relations Act s.19(3)(b)(ii) — one-year disposal period — jurisdiction — reallocation of judge restarts time limit — Order 14A (White Book) compliance — dismissal for want of prosecution.
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13 January 2022 |
| January 2021 |
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Respondent wrongfully dismissed the applicant by escalating non‑dismissible offences to dismissal without justified aggravating circumstances.
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Employment law — wrongful dismissal — disciplinary code — progressive discipline — deviation from prescribed sanctions — burden to show valid reason for termination — damages for wrongful dismissal.
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22 January 2021 |
| October 2020 |
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Fixed-term service paid by gratuity does not entitle employees to redundancy/pension; no discrimination proven under s.108.
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Industrial/labour law — Fixed-term contracts — Effluxion of time — Redundancy pay and pension entitlements limited to permanent service — Discrimination under s.108 requires protected grounds — Unjust enrichment.
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20 October 2020 |
| September 2020 |
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Termination without giving reasons violates the Employment Code Act and justified enhanced damages of 36 months' salary.
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Employment law — Termination of fixed-term contract — Statutory duty to give reasons (Employment Code Act s.52) — Notice/payment in lieu where contract silent (s.53) — Unlawful termination for failure to give reasons — Damages: enhanced award (36 months) for abrupt dismissal and poor re-employment prospects.
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4 September 2020 |
| August 2018 |
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Reorganisation altering reporting lines and committee membership without altered pay did not amount to constructive dismissal.
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Employment law — Constructive dismissal — Alleged unilateral variation of contract by changing reporting lines and removal from management committee — No change in remuneration — Managerial reorganisation within employer’s discretion — No fundamental breach established.
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14 August 2018 |
| July 2018 |
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Employer's refusal to recognize a properly registered union violated employees' freedom of association; court ordered recognition, dues remittance, and damages.
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Constitutional law — freedom of association; Industrial Relations — recognition agreements; trade union membership and withdrawal procedures; employer obligation to remit subscriptions; reliefs including mandatory recognition and damages.
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27 July 2018 |
| December 2017 |
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Failure to oppose a served bill of costs precludes later challenge to execution on an untaxed bill.
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Civil procedure — execution by Writ of Fifa — untaxed bill of costs — duty to oppose taxation — failure to oppose precludes later challenge — costs on appeal.
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17 December 2017 |
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Consent orders are binding; a stay requires strong merits and duress must be specifically pleaded.
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Civil procedure — Consent orders — Binding effect of consent judgments; Stay of execution — requirement of strong showing of likely success and absence of prejudice; Duress — must be specifically pleaded with particulars (Order 18 R.8(12) RSC); Interpleader and jurisdictional removal of property.
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14 December 2017 |
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Dismissals without a proper case hearing were unfair; three months' salary awarded, reinstatement refused.
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Labour law — unfair dismissal — requirement of a proper case hearing and record — Board of Inquiry distinct from disciplinary hearing — remedy: damages v reinstatement — burden of proof on claimant — prohibition on awarding salary for periods not worked.
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12 December 2017 |
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Termination without disclosed valid reasons or disciplinary hearing breached the Employment Act; wrongful dismissal damages awarded.
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Employment law — Termination — Requirement to give valid reasons under s.36(1)(c)(i) and s.36(3) — Procedural fairness and disciplinary hearing — Breach of contract — Measure of damages for wrongful dismissal — Redundancy claim — Proof required — Damages for non-pecuniary suffering requires evidence.
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12 December 2017 |
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Wrongful and unfair dismissal for lack of disciplinary procedure; statutory minimum wage and allowances awarded, redundancy claim dismissed.
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Employment law — wrongful and unfair dismissal — failure to follow disciplinary procedure and right to be heard; statutory minimum wage; entitlement to housing, lunch and transport allowances; redundancy requirements; unjust enrichment and unpaid salary.
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12 December 2017 |
| October 2017 |
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Employees summarily dismissed after seeking labour office clarification entitled to damages; only contractually guaranteed 13th cheques payable.
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Employment law — summary dismissal — procedural fairness — right to be heard; Contract terms — unilateral variation of basic conditions (13th cheque) — effect on employment; Group companies — applicable disciplinary code; Remedies — damages for unfair dismissal, interest, and costs.
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30 October 2017 |
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Dismissal after a work-related injury without notice or hearing held wrongful and unfair; damages awarded.
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Employment law — wrongful dismissal (breach of contract for failure to give notice/pay in lieu) — unfair dismissal (procedural fairness; right to be heard; medical assessment) — absence/desertion allegations — section 36 Employment Act — damages and interest.
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26 October 2017 |
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Whether statutory pension-age amendments to 60 apply to employees not yet 55 and entitle them to benefits and damages.
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Pension law amendment — pensionable age raised to 60 — applicability to employees not yet 55 on enactment — premature retirement at 55 — reinstatement denied — employees deemed retired at 60 — damages for unlawful retirement.
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13 October 2017 |
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The applicant was wrongfully and unfairly dismissed; the respondent failed to prove theft and breached disciplinary procedure.
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Employment law — wrongful and unfair dismissal — employer must prove misconduct alleged; disciplinary charges must reflect evidence and comply with natural justice — damages: departure from normal notice award where offence unproved — interest and costs.
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4 October 2017 |
| September 2017 |
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Dismissal during suspension without factual basis is unfair; accrued leave is payable; defamation claim dismissed.
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Labour law — unfair/wrongful dismissal — suspension pending investigation — dismissal for alleged absconding without factual substratum — accrued leave entitlement — defamation claim arising from lawful police investigations.
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22 September 2017 |
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Complainant's challenge to summary dismissal dismissed where respondent observed disciplinary procedure and facts supported dismissal.
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Employment law — unfair dismissal — disciplinary procedure — natural justice — substratum of facts — burden on employee to prove wrongful dismissal — audits as basis for disciplinary action — admissions in appeal letter.
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22 September 2017 |
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Whether the respondent's failure to follow disciplinary procedure rendered the applicant's dismissal wrongful and entitled him to damages.
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Labour law — unfair/wrongful dismissal — failure to follow disciplinary procedure — verbal suspension — desertion not proved — mitigation of damages — refusal of reinstatement; award of damages and interest.
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22 September 2017 |
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Termination invoked under probation without formal charges or hearing amounted to unfair dismissal; six months’ pay awarded.
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Employment law — probationary termination — incorporation of disciplinary code — requirement to charge and hear employee; Natural justice — right to be heard before dismissal; Wrongful/unfair dismissal — remedies and damages assessment; Accrued leave — proof and admission; Interest and costs.
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11 September 2017 |
| August 2017 |
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Acceptance of an offer letter created a binding fixed-term contract; termination for an unagreed probation clause breached it, awarding four months' pay.
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Contract formation — offer accepted by signature — condition precedent — offer letter binding; employment law — fixed-term contract; probation clause unenforceable if not agreed; wrongful termination; damages — expectation loss, mitigation and adjustment for gratuity; award of four months' pay with interest.
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9 August 2017 |
| July 2017 |
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Failure to show good cause for lengthy delay and irregular issuance of a writ warranted dismissal of leave to appeal out of time.
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Civil procedure — extension of time to appeal — discretionary grant requires good cause and consideration of length of delay and prospects of success; irregular issuance of writ of fieri facias — necessity of recalculation/order after withdrawal of advocates; Industrial/Labour Court — substantial justice vs procedural rules.
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14 July 2017 |
| June 2017 |
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Dismissal based on a non-existent disciplinary offence arising from union-related activity was wrongful; reinstatement ordered.
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Labour law; unfair dismissal; disciplinary procedure; non-existent offence; union activity protection (s.5(1)(g) Industrial and Labour Relations (Amendment) Act 1997); reinstatement remedy.
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15 June 2017 |
| April 2017 |
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Employee unlawfully dismissed without hearing; reinstatement denied; awarded six months' salary damages; other claims dismissed.
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Employment law — unlawful dismissal — related companies treated as one — authority of parent/company board to terminate — statutory right to be heard (Section 26A) — promise of shares unenforceable without offer and acceptance — reinstatement discretionary and refused — damages awarded; salary arrears, wrongful deduction and maternity pay claims dismissed.
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6 April 2017 |
| March 2017 |
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Employer wrongfully and unlawfully dismissed applicant by offering employment before verifying pre-employment medicals and failing to give reasons or hearing.
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Wrongful dismissal; pre-employment medicals and silicosis verification; statutory requirement to give reasons on termination (s.5 Act No.15 of 2015); unfair dismissal—right to be heard; damages, interest and costs awarded.
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24 March 2017 |
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Applicant constructively dismissed after transfer without relocation support; awarded two months' salary, benefits, interest and costs.
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Employment law — transfer and relocation — failure to provide transfer letter, transport and subsistence — constructive dismissal — summary dismissal for desertion — damages and contractual benefits awarded.
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24 March 2017 |
| December 2016 |
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27 December 2016 |
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Court sanctioned a s.234 Scheme where statutory requirements were substantially complied with and creditors’ majority approval was bona fide.
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Company law — Scheme of Arrangement (s.234 Companies Act) — Substantial compliance with statutory and court directions — Creditors’ meeting and majority approval — Court’s supervisory role not to substitute commercial judgment — Objections based on speculative future entitlements and unproven defective service insufficient to vitiate sanction.
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14 December 2016 |
| July 2016 |
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Dismissal upheld for unauthorized removal of unpaid company property; damages and costs denied.
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Employment law — dismissal — disciplinary procedure — breach of code of conduct; unauthorized removal of company property; email as mere request not authority; damages for loss of expectation and non-pecuniary harm not proven.
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28 July 2016 |
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Employee dismissed without formal disciplinary hearing — dismissal held unfair and wrongful; two months' salary awarded with interest and costs.
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Employment law — dismissal — requirement of disciplinary hearing before termination — wrongful and unfair dismissal where employee not heard; characterization of employee status (full‑time) supported by NAPSA contributions; remedies: damages, interest, costs.
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27 July 2016 |
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Termination for union political speech without disciplinary hearing was unfair, wrongful and unlawful; reinstatement with back pay ordered.
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Labour law — dismissal v termination; disciplinary hearing and natural justice; S.5(a) Act No.15 of 2015 — duty to give reasons; S.26A Employment Act — right to be heard; ILO Convention No.158 — persuasive international standard; reinstatement as alternative to damages; union activity and political speech.
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26 July 2016 |
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Employer failed to prove employee's involvement in alleged theft; summary dismissal was wrongful and damages awarded.
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Employment law — wrongful summary dismissal — burden of proof on employer to prove misconduct — disciplinary procedure and natural justice — negligence as dismissible offence — remedies: damages, restitution, interest, costs.
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25 July 2016 |
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Fixed‑term contract not automatically renewed by continued work; wrongful dismissal claim dismissed, unpaid shifts awarded K334.40 with interest and costs.
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Employment law — Fixed‑term contract expiry and renewal discretion; continuation of work does not automatically renew contract; alleged wrongful dismissal; unpaid wages; interest and costs.
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22 July 2016 |
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Employee wrongfully summarily dismissed; employer estopped from denying employment; defamation claim failed for lack of publication.
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Employment law — identity of employer — estoppel by director’s use of company letterhead; wrongful summary dismissal — suspension v desertion; damages for unfair dismissal — award of six months’ salary plus unpaid days and leave; defamation — requirement of publication and burden of proof.
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20 July 2016 |
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Whether an allegedly ineligible union treasurer should be restrained by interlocutory injunction pending determination of membership eligibility.
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Trade union law — membership eligibility — Union Constitution requiring employment with mining contractors — interlocutory injunction — preservation of status quo — irreparable harm — Labour and Industrial Relations Act considerations.
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13 July 2016 |
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Non-renewal of a fixed‑term contract is not wrongful dismissal; only contractual gratuity awarded, other claims dismissed.
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Employment law — fixed‑term contract — non‑renewal not wrongful dismissal; contractual gratuity payable; special damages require particularised proof; terminal pay deductions for employee loans; NAPSA non‑remittance claim dismissed for lack of evidence.
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12 July 2016 |
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Employer's reasonable belief and fair disciplinary process justified dismissal for unauthorised removal of company property.
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Industrial relations — Wrongful dismissal — Unauthorised removal of company property — Employer's reasonable belief after investigation — Disciplinary procedure and natural justice — Salvage yard access and authority requirement.
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11 July 2016 |
| June 2016 |
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Non‑renewal of fixed‑term one‑year contracts did not entitle the applicants to gratuity, redundancy, repatriation, or damages.
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29 June 2016 |
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Complainants wrongly dismissed where respondents failed to prove they incited stevedore protest; each awarded three months' pay and costs.
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Employment law — Wrongful dismissal — Burden to prove allegations — Evidence required to show incitement to protest by casual workers — Remedies: common law notice period, extra compensation in deserving cases — Damages for unworked future income and anguish not awarded without pleading/proof.
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22 June 2016 |
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Appeal dismissed where the applicants failed to prove disputed assessment and taxation of judgment sums.
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Industrial Relations — assessment of damages and taxation of costs — appellate review of Deputy Registrar’s arithmetic and taxation — burden on appellant to prove disputed figures — deductions for taxed-off costs and payments into court.
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21 June 2016 |
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Summary dismissal upheld where a managerial employee failed to declare business interest and employer reasonably followed disciplinary procedures.
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Employment law — unfair dismissal — failure to declare interest; corporate governance — disciplinary process; employer’s reasonable belief and procedural compliance.
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21 June 2016 |
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An unincorporated trade union lacks capacity to sue in its own name; proceedings commenced thus are irregular and set aside.
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Industrial relations — capacity to sue — unincorporated body/trade union — lack of legal personality — proceedings commenced in name of non‑legal entity irregular and liable to be set aside — amendment cannot cure fundamental lack of capacity — Order XVIII High Court Rules cited — authorities: Nkumbula & Kapwepwe v UNIP; National Milling v Vashee.
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13 June 2016 |