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Citation
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Judgment date
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| 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.
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.
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.
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.
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.
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.
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 |