Results.
9 judgments found.
|
|
|
| September 2001 |
|
|
Applicant entitled to gratuity of 25% of gross salary for entire service period; "salary" for long service bonus means basic pay.
-
Employment contract interpretation — gratuity versus long service bonus — whether gratuity is annual or per year of service; contractual distinction between "salary" and "gross salary" — meaning of "salary" for long service bonus; computation of contractual benefits.
|
27 September 2001 |
|
The appellant remains liable where its appointed agent collected taxpayer funds despite the agent’s later insolvency.
-
Agency law — statutory appointment under Section 84 Income Tax Act — agent’s acts binding principal — effect of agent insolvency — indemnity under s84(2) — unpaid manager’s cheque and debited client accounts.
|
27 September 2001 |
|
A principal appointed agent while the bank was solvent remains bound by the agent’s debiting of third‑party accounts; remedy lies against the agent.
-
Agency — statutory appointment under section 84 Income Tax Act — agent’s insolvency — unpaid manager’s cheque — principal’s liability for agent’s acts — remedy against agent for failure to remit — indemnity under s84(2)
|
23 September 2001 |
|
Whether a charge registered post-receivership secures a loan and confers preferential creditor status under the Banking Act.
-
Banking and Financial Services Act — receivership — validity and ranking of charge registered during receivership (s98) — duty to prepare inventory (s97) — enforcement and order of preference (s99, s107) — tracing of loan funds — unjust enrichment.
|
21 September 2001 |
|
Agent named in recitals was nevertheless personally liable where contract parties and payment clause made the agent the contracting party.
-
Contract — agency: agent’s liability where principal named; recitals versus operative contract terms; interpretation of written agreement; agreed facts and treatment of third-party proceedings
|
18 September 2001 |
|
Whether 1993 ZIMCO Conditions applied and whether a 20% discount could be imposed without employees' consent.
-
Employment law — Conditions of Service — Applicability of ZIMCO 1993 Conditions to subsidiary employees — Incorporation of allowances into basic pay — Unilateral reduction of terminal benefits — employee consent required for less favourable terms.
|
12 September 2001 |
|
A fixed‑term tenancy renewable only by mutual consent falls outside Act protection, so no entitlement to a new tenancy.
-
Landlord and Tenant (Business Premises) Act, Cap 193 — s.9 (future fixed‑term tenancy) — exclusion from Act’s protection — s.4(1) (application for new tenancy) — fixed two‑year term renewable only by mutual consent — not a protected tenancy.
|
12 September 2001 |
|
Appellant entitled to retrenchment package under the managing director's circular and corrigendum; later circular could not reduce benefits retrospectively.
-
Employment law — retrenchment packages — interpretation of circulars and corrigendum — retrospective effect — variation of conditions of service — entitlement to enhanced formula; award of difference, interest and costs.
|
12 September 2001 |
|
Court found inordinate delay but accepted genuine organisational confusion as an explanation for some delay.
-
Civil procedure — application to set aside dismissal for want of prosecution — inordinate delay in lodging record of appeal — responsibility of legal representatives — excusable delay due to organisational confusion.
|
12 September 2001 |