Results.
5 judgments found.
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| January 2000 |
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Whether employees who accepted a prior employer offer were entitled to six months' notice and mutatis mutandis 1997 collective agreement benefits.
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Collective labour agreements — withdrawal of retirement notices and offer by employer — acceptance by employees — normal versus voluntary retirement entitlements — six months' notice and clause 24.3 benefits — application mutatis mutandis of later collective agreement where notice period extends into its term.
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27 January 2000 |
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Qualified privilege failed where publishers recklessly published defamatory articles; damages reduced to K30,000,000 balancing reputation and press freedom.
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Defamation — identification of claimant; qualified privilege and innocent dissemination defeated by reckless publication and omission to verify; malice inferred; exemplary damages; reduction of quantum to balance reputation protection and freedom of the press
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26 January 2000 |
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Aggravated robbery convictions set aside for lack of evidence; first appellant convicted of receiving stolen property.
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Criminal law — Aggravated robbery — Insufficient evidence against co-accused — Possession of stolen motor vehicle supports conviction for receiving stolen property rather than aggravated robbery — Substitution of conviction and reduction of sentence.
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18 January 2000 |
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Whether redundancy entitles the respondent to priority in liquidation under s.346; court held no priority and respondent is unsecured.
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Company law — Winding-up — Preferential claims under s.346 — Priority for wages, leave and severance limited to amounts accruing within specified periods before commencement of winding-up — redundancy accrued outside statutory periods; employee not a preferential creditor. Civil procedure — Assessment of damages — Appropriateness of nominal damages after execution and computation
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13 January 2000 |
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Employee’s deviation from instructions constituted misuse of employer property; trial court erred in ordering unpleaded reinstatement.
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Employment law — summary dismissal — misuse of employer property — employee deviation from instructed route (frolic of his own) — admissibility of reports to show basis of disciplinary decision (hearsay exception) — improper reinstatement where not pleaded.
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12 January 2000 |