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Citation
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Judgment date
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| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |