Results.
12 judgments found.
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| May 2002 |
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Consent judgment and aggravating circumstances can justify damages beyond notice pay, including gratuity and benefits.
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Employment law — Wrongful dismissal — Measure of damages — Consent judgment — Aggravating circumstances (transfer, demotion, suspension) — Entitlement to gratuity and contractual benefits — Assessment by Deputy Registrar.
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31 May 2002 |
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21 May 2002 |
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21 May 2002 |
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Appellate court upheld trial judge’s factual findings that customs records and a gate pass showed export; appeal dismissed with costs.
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Customs seizure and judicial review — credibility of witnesses — gate pass and Customs records as proof of exit — appellate review of trial judge’s factual findings.
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21 May 2002 |
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Refusal to make factual findings in an alleged discriminatory early retirement warranted reversal and an award of damages.
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Employment law — wrongful/unlawful retirement — discrimination on social status and seniority — duty to investigate facts; interpretation of Ngwira revisited; Industrial Relations Court must do substantial justice; remedy: package plus two years' salary and interest; costs to appellant.
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17 May 2002 |
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Appellant's failure to attend assessment led court to set aside speculative awards; respondent entitled only to pension contribution refund with interest.
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Civil procedure — assessment of damages by Deputy Registrar — duty to mitigate — future earnings award inappropriate where claimant immediately re‑employed; employment law — entitlement to long service bonus requires qualifying service; damages for emotional distress/aggravation require evidential basis; interest and costs.
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17 May 2002 |
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Refusal to restore struck-out application was proper due to inordinate delay; s281 does not bar proceedings by a liquidator/receiver.
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Civil procedure — restoration of struck-out matters — inordinate delay and absence of satisfactory explanation — refusal to restore proper; Companies Act s281 — leave required to sue a company in liquidation only where action is against the company, not where proceedings are pursued by its liquidator/receiver; foreclosure and sale — default foreclosure and subsequent sale held not nullity where appellants delayed and did not dispute debt.
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16 May 2002 |
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Section 123 immunity applies only to acts done in good faith and does not permit evasion of court orders; corporate committal proceeds by sequestration.
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Banking and Financial Services Act s123 — statutory immunity for officers only for acts done in good faith — contempt for non-compliance with court orders — liquidator's duties — committal of companies by sequestration — no estoppel against a statute
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12 May 2002 |
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Court upheld 10-year manslaughter sentences for witchcraft-related mob killing, varying one sentence to simple imprisonment.
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Criminal law — Manslaughter — Sentencing — Deterrence in witchcraft-related mob violence — Guilty plea and mitigation — Appeal against sentence — Hard labour varied to simple imprisonment.
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7 May 2002 |
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Conviction for grievous bodily harm upheld; custodial sentence set aside and replaced by fine with compensation.
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Criminal law — Grievous bodily harm — Sufficiency of evidence to support conviction; Sentencing — Failure to consider mitigation — Substitution of custodial sentence with fine and compensation.
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5 May 2002 |
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Conviction for aggravated robbery upheld based on recent possession of stolen property despite identification misgivings.
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Criminal law — Aggravated robbery — Identification evidence; Recent possession of stolen property as corroboration; Conviction upheld despite misgivings about witness identification.
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5 May 2002 |
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A unilateral variation of an employment contract without the employee's consent is ineffective; employee entitled to contractual benefits.
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Employment law — written contract enforceable — unilateral variation invalid without consent; estoppel — continued work not acceptance where salary unpaid; set-off of drawings; interest on judgment — average short-term deposit rate to judgment then bank lending rate; costs against appellant.
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2 May 2002 |