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Citation
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Judgment date
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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.
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 |
| May 2016 |
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Applicants dismissed for unauthorised work stoppage; unions did not authorise meeting and are not liable.
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.
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.
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.
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.
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 |
| December 2015 |
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Termination under an agreed notice clause was lawful; complainants failed to prove entitlement to compensation or allowances.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 conduct allowing post-expiry work led to estoppel, unlawful termination findings, and entitlement to withheld salaries and gratuity.
Employment law – contract renewal by conduct and estoppel – unfair dismissal by removal from payroll – entitlement to gratuity under oral contract where employer fails to produce written record (Employment Act s.24(5)) – Industrial and Labour Relations Act jurisdiction to do substantial justice.
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25 July 2011 |