Results.
7 judgments found.
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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.
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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 |