Results.
10 judgments found.
|
|
|
| September 2022 |
|
|
Court granted leave to commence committal proceedings against directors for failing to comply with a reinstatement and payroll order.
-
Contempt of court — committal proceedings — ex parte leave — requirements: affidavit, personal service, penal notice endorsement; Industrial Relations Division jurisdiction; corporate officers as intended contemnors.
|
28 September 2022 |
| August 2022 |
|
|
Expiry of a fixed‑term contract is not dismissal; late notice breached procedure, awarding one month’s salary as compensation.
-
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).
|
24 August 2022 |
|
Court retained jurisdiction over a constructive dismissal claim; focus is on timeliness, not mandatory exhaustion of internal remedies.
-
Industrial Relations — s.85(3) ILRA — jurisdiction and timeliness — exhaustion of internal grievance procedures — constructive dismissal — non-exhaustion affects credibility not jurisdiction.
|
12 August 2022 |
| July 2022 |
|
|
|
21 July 2022 |
| May 2022 |
|
|
|
3 May 2022 |
| April 2022 |
|
|
Whether an employee is entitled to statutory underpayments despite signing a settlement and lacking contract copies.
-
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.
|
20 April 2022 |
| March 2022 |
|
|
Complainant entitled to July salary, pro rata gratuity and damages after employer failed to substantiate theft allegation.
-
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.
|
10 March 2022 |
|
Protected shop worker unfairly and unlawfully dismissed; awarded underpayments, leave, allowances, severance and damages.
-
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.
|
2 March 2022 |
|
Protected shopworker unlawfully summarily dismissed; awarded underpayments, leave and allowances, one month's damages, severance, interest and costs.
-
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.
|
2 March 2022 |
| January 2022 |
|
|
Reallocation to a new judge restarts the s.19(3)(b)(ii) one-year disposal period; matter not dismissed for want of prosecution.
-
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.
|
13 January 2022 |