Results.
84 judgments found.
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| 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 |
| December 2015 |
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Termination under an agreed notice clause was lawful; complainants failed to prove entitlement to compensation or allowances.
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Employment law — Termination of fixed-term contract — Contractual termination clause (notice or pay in lieu) — Burden of proof on complainant — Service charge and responsibility allowances — Failure of proof.
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31 December 2015 |
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Complainant failed to prove wrongful dismissal; claim dismissed, with leave to appeal granted.
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Industrial Relations Court — wrongful dismissal — burden of proof — duty on complainant to prove case to degree of substantial justice.
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30 December 2015 |
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Redundancy under a written contract, not wrongful dismissal for injury, governed termination; complaint dismissed, benefits paid.
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Employment law — redundancy under written contract — contractual redundancy clause governs where employee has written contract; procedural fairness and notice in redundancy; workplace injury and termination — injury during notice period does not automatically preclude lawful redundancy when contract-ended redundancy applies; workers’ compensation reporting and benefits.
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23 December 2015 |
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Complainant failed to prove alleged epilepsy or justify absenteeism; dismissal for refusal to accept transfer upheld.
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Employment law — Dismissal for absenteeism — Refusal to accept employer transfer — Medical/disability evidence and burden of proof — Fairness of termination.
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23 December 2015 |
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Use of a contractual termination clause to avoid disciplinary process rendered the dismissal wrongful; complainant awarded three months' salary and outstanding remuneration.
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Industrial relations — Wrongful dismissal — Court may look behind contractual termination notice to ascertain real reasons for dismissal — Employer must use disciplinary process rather than contract clause to mask punitive dismissal — Remedies: limited months’ salary, payment of outstanding remuneration, allowances, accrued leave, interest and costs.
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23 December 2015 |
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Summary dismissal for falsifying requisitions and dishonesty upheld; complainants’ wrongful dismissal claim dismissed.
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Employment law — summary dismissal — gross misconduct (dishonesty, falsifying requisitions, misappropriation, giving false evidence) — disciplinary procedure and appeals — burden of proof on employee to establish wrongful dismissal.
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23 December 2015 |
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The respondent lawfully dismissed the complainants for loss of stock after a fair disciplinary process; dismissal need not wait for police investigations.
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Labour law — unfair dismissal — disciplinary procedure and natural justice — employer may dismiss pending police investigations — burden of proof unaffected by respondent debarment — loss of stock as grounds for dismissal.
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22 December 2015 |
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Medical discharge based on independent medical evidence and lack of suitable redeployment dismissed claims for reinstatement and backpay.
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Employment law — Medical discharge on medical recommendation — Occupational and specialist hospital audiometry confirming noise‑induced hearing loss — Redeployment efforts to low‑noise workplace — Demotion after disciplinary proceedings — Claims for reinstatement and underpayments fail where employee no longer held the higher post — Workers Compensation assessment pending.
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14 December 2015 |
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The third complainant proved entitlement to unpaid salary and 2012 gratuity; other complainants' claims were dismissed.
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Employment law — unpaid wages and gratuity — burden of proof and documentary evidence — records retention — redundancy packages under section 26B Employment Act — interest and costs.
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9 December 2015 |
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A court reference under section 78(1) bars a strike ballot; interlocutory restraint justified to protect public interest.
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7 December 2015 |
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Summary dismissal upheld where employer proved download and external transmission of confidential tender information and breach of trust.
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Employment law — unfair dismissal — alleged leakage of confidential tender information and solicitation of funds from bidder — employer’s IT and security investigations — amendment of charges — audi alteram partem — summary dismissal for Category A(20) offence — substantial compliance with disciplinary code.
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3 December 2015 |
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Gratuity accrues only from contract date containing gratuity clause; salary and unpaid leave awarded, overtime not proved.
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Employment law — gratuity entitlement accrues only from contract containing gratuity clause; overtime claims require contemporaneous proof; salary due during notice period; accrued leave payable; counterclaim/set-off; interest and costs awarded.
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2 December 2015 |
| November 2012 |
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Applicant’s dismissal for insubordination, early departure and alleged drunkenness upheld where procedures were followed and allegations proved.
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Labour law — unfair/wrongful/unlawful dismissal — disciplinary procedure — insubordination, leaving early and alleged drunkenness — sufficiency of evidence — court’s limited role in reviewing internal disciplinary findings.
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30 November 2012 |
| July 2011 |
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Employer’s pattern of late renewals estops it from denying renewal; oral gratuity agreement enforceable without employer records.
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Employment law — contract renewal by conduct — estoppel — unfair termination — oral contracts and admissibility of employee’s statement (Employment Act s.24(5)) — Industrial and Labour Relations Act s.85(4)
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25 July 2011 |