Results.
36 judgments found.
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| 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 |
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A consent order obliging a third party to pay does not discharge the original judgment debtor; execution against the debtor remains available.
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Consent order — interpretation as contract — implied terms — enforcement of judgment debt — third‑party payment/indemnity — liability of original judgment debtor preserved — Supreme Court judgment not varied by consent order.
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3 June 2016 |
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Respondents repeatedly defaulted in procedural obligations; court allowed out-of-time answer, granted reluctant adjournment and warned of judgment if not ready.
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Civil procedure — failure to file pleadings within prescribed time — leave to file answer out of time granted in absence — adjournment granted reluctantly — warning that further default may lead to matter being adjourned for judgment.
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1 June 2016 |
| May 2016 |
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Applicants dismissed for unauthorised work stoppage; unions did not authorise meeting and are not liable.
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Labour law — unauthorised withdrawal of labour/illegal strike — union instruction — duty to represent members — disciplinary procedure — natural justice — reinstatement exceptional remedy.
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24 May 2016 |
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Work-permit invalidation after criminal conviction terminated employment by operation of law, but employer must pay terminal dues.
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Employment law — termination by operation of law owing to work-permit invalidation after criminal conviction; entitlement to terminal dues; suspension pending criminal proceedings; burden of proof on complainant.
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24 May 2016 |
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Interlocutory injunction to compel union recognition refused for lack of clear right and demonstrated irreparable harm.
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Labour law — Interlocutory injunction — Recognition agreement — Union membership — Requirement of clear right and irreparable injury — Preserve status quo pending trial.
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18 May 2016 |
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Dismissal was wrongful for breaching disciplinary rules and natural justice; penalty substituted and three months' damages awarded.
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Employment law — unfair dismissal — failure to follow disciplinary procedures and natural justice — written charges and right to be heard — substitution of penalty — damages awarded.
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9 May 2016 |
| March 2016 |
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Domestic worker entitled to statutory separation pay for employer‑initiated termination; other allowance and salary claims failed for lack of proof.
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Employment law — Domestic workers — Termination and separation benefits under SI No.3 of 2011 s.11; proof required for allowances and unpaid salaries; effect of signed Labour Office payment receipt; substantial justice under Industrial and Labour Relations Act.
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31 March 2016 |
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Management’s disciplinary discretion and factual basis for dismissal meant the complainant’s termination was not wrongful or unfair.
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Employment law — disciplinary procedure — dishonest conduct — summary dismissal — management discretion in constituting disciplinary committee — standard of review: whether employer acted reasonably and had factual substratum for dismissal.
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31 March 2016 |
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Decision upholds dismissal (deemed retirement) for insubordination and threatening violence; applicant's claims dismissed.
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Employment law — disciplinary procedure — insubordination and threatening violence — burden of proof — wrongful dismissal (procedural fairness) — deeming retirement as alternative to summary dismissal.
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31 March 2016 |
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Managerial employee wrongfully dismissed via notice clause without reasons or disciplinary process; awarded repatriation and two months' salary damages with interest.
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Employment law — wrongful and unfair dismissal — use of notice clause as subterfuge for dismissal — necessity of disciplinary procedure and right to be heard; Act No. 15 of 2015 — requirement to give reasons for termination; redundancy — burden to prove redundancy; repatriation — section 13 Employment Act; managerial employees excluded from certain Statutory Instruments.
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18 March 2016 |
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Applicant’s unfair dismissal claim dismissed: respondent proved misconduct (persistent lateness/early departures) and followed fair procedure.
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Employment law — unfair dismissal — persistent lateness and early departures — disciplinary procedure — warning letters and electronic activity report as evidence — burden of proof on claimant.
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17 March 2016 |
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Lawful disciplinary process and complainant’s acceptance of conditional retirement upheld; complaint dismissed.
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Labour law — unfair dismissal — disciplinary procedure — employer must act reasonably; evidence and admissions can sustain disciplinary measures; conditional/early retirement lawful where contractually agreed and accepted; withdrawal of increments as disciplinary sanction upheld where applied pursuant to disciplinary code.
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17 March 2016 |
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A Division III officer's summary dismissal under incorrect disciplinary rules without a hearing was wrongful; damages and pension awarded.
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Employment law — wrongful/summary dismissal — natural justice and right to hearing — Local Government Service Regulations (Division III vs Division IV) — improper application of disciplinary rules — appeal procedure and locational/temporal limits — reinstatement vs damages.
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17 March 2016 |
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Dismissal without a written charge or fair disciplinary hearing was null and void; six months' salary awarded as damages.
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Employment law — unfair and wrongful dismissal — failure to charge and afford prior notification and fair disciplinary hearing — confidentiality allegations — damages as alternative to reinstatement.
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15 March 2016 |
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Court pierced a notice‑in‑lieu termination used in bad faith, deeming the complainant redundant and awarding redundancy pay.
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Employment law — Termination by payment in lieu of notice — Piercing notice clause invoked in bad faith — Restructuring and redundancy — Right to be heard in performance appraisals — Entitlement to redundancy pay — Burden of proof in discrimination claims.
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15 March 2016 |
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Employer’s dismissal upheld where GeoTab proved over‑speeding and damage and disciplinary process was fair.
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Employment law — dismissal — disciplinary procedure — natural justice; evidential weight of vehicle telemetry (GeoTab) in proving over‑speeding; liability for damage to employer’s property; burden on employee to prove unfair dismissal.
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14 March 2016 |
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The applicant failed to prove wrongful dismissal after accepting an undeclared donation creating a conflict of interest.
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Employment law — unfair/wrongful dismissal — disciplinary hearing — bribery and conflict of interest — company Code of Business Conduct — undeclared donation — early retirement application during investigation — burden of proof.
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14 March 2016 |
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Summary dismissal found unfair due to inadequate factual proof and procedural irregularities; damages of 24 months’ salary awarded.
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Employment law — unfair dismissal; refusal to obey instructions — need for substratum of facts to support summary dismissal — natural justice and fair hearing — procedural irregularities, failure to call or confront witnesses — appeals tainted by consultation with accuser — reinstatement versus damages.
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10 March 2016 |
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Complainant failed to prove underpayment of medical retirement benefits; complaint dismissed despite respondent's non‑appearance.
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4 March 2016 |
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Dismissal upheld for breach of procurement procedure and confidentiality following declared relationship with a supplier director.
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Employment law — fair dismissal — conflict of interest and declaration of interest — procurement procedure and supplier-registration requirements — breach of confidentiality — allegations of favouritism in contract awards — burden of proof.
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4 March 2016 |