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Citation
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Judgment date
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| December 2004 |
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Circumstantial evidence can sustain aggravated robbery convictions despite in-court identification; sentences were increased to 20 years.
Criminal law – Aggravated robbery – identification in court (dock identification) – unreliability of in-court identification – circumstantial evidence – cogent and compelling proof excluding innocent hypothesis – separate trial of co-accused does not necessarily render proceedings null – appellate increase of sentence from mandatory minimum.
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8 December 2004 |
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Retrenchment upheld where three months' notice was given and redundancy procedures, including circulation to other divisions, were followed.
Employment law — Redundancy/retrenchment — Compliance with notice requirement and circulation to other divisions; job-based retrenchment versus individual status; appellate exclusion of issues not raised below.
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8 December 2004 |
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The complainant’s dismissal for negligence (failure to inspect worksite) was upheld; appeal dismissed.
Employment law — wrongful dismissal — negligence for failure to inspect worksite; credibility of witnesses; appellate restraint on factual findings under Industrial & Labour Relations Act.
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8 December 2004 |
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Supreme Court dismissed appeal because it raised only factual challenges, and section 97 limits appeals to points of law or mixed law and fact.
Industrial and Labour Relations Act s97 – Appeal to Supreme Court limited to points of law or mixed law and fact; appellate court cannot re-evaluate pure findings of fact; dismissal for gross negligence upheld as matter for trial court.
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7 December 2004 |
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A collective agreement's repatriation entitlement on retirement applies irrespective of local recruitment.
Labour law – Collective agreement – Interpretation of Clause 6.2.3 – Repatriation allowances on retirement – Entitlement not limited by place of recruitment.
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7 December 2004 |
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Employer negligent for failing to evacuate employees despite known dangerous ground movements; damages recalculated and interest ordered.
Tort — Employer's duty of care to employees — Foreseeability of ground movements — Negligence for failing to evacuate personnel; Damages — Loss of expectation of life and dependency under Fatal Accidents Act — deduction of insurance and Law Reform awards; appellate review of quantum (Nance principles).
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7 December 2004 |
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Employer negligent for failing to evacuate employees after warned of dangerous ground movement; dependency awards recalculated.
Tort — Employer’s duty of care to employees in mining operations — Failure to evacuate after observed ground movement — Negligence; Damages — Loss of expectation of life — appropriate quantum; Fatal Accidents Act — multiplicand/multiplier method, apportionment to individual dependants; Deduction of employer-provided insurance and Law Reform Act awards; Appellate review of factual findings and quantum.
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7 December 2004 |
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The respondent was entitled to rescind for non‑payment; the trial judge's finding on presidential consent was unnecessary.
Contract of sale — rescission for non‑payment of purchase price — Lands Act s.5(1) — presidential/state consent — unenforceability — conditional contracts — finding on consent unnecessary where not in issue.
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7 December 2004 |
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7 December 2004 |
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Supreme Court dismissed employer's appeal as an impermissible attack on factual findings concerning alternative employment and redundancy.
Labour law – redundancy – alternative employment offers (verbal vs written) – appellate jurisdiction limited by Section 97 of the Industrial and Labour Relations Act; appeals on findings of fact impermissible.
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1 December 2004 |