Results.
12 judgments found.
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| September 2004 |
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30 September 2004 |
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30 September 2004 |
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Whether termination by notice or pay in lieu under a collective agreement requires a prior hearing and charge of alleged misconduct.
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Employment law — wrongful dismissal — Collective agreement clause allowing termination by one month's notice or pay in lieu — scope of employer’s right to terminate without a hearing — rules of natural justice and requirement to charge employee before deduction for missing employer property.
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30 September 2004 |
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SI 171 applied; six retrenched employees entitled to redundancy under clause 10 with recalculation including 30% increments; 1st respondent not entitled under clause 7 but due recalculation.
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Labour law — Statutory Instruments — SI 171 superseding SI 99 — applicability to non‑union employees; collective agreements and s.74 — limits of binding non‑parties; entitlement to redundancy/medical discharge benefits — clause 10 and clause 7 of SI 171; calculation to include contractual 30% annual increments and allowances; entitlement to purchase company houses as sitting tenants; recalculation and interest; bona fide purchaser protection.
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21 September 2004 |
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A consent order can only be varied for fraud, illegality or mistake; rehearing was proper where no prior judicial decision had varied the order.
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Civil procedure — Consent orders — Variation of consent judgments — Consent judgments can be varied only for fraud, illegality or mistake; Mediation referral does not constitute final determination; Rehearing by another judge not unlawful where no prior decision to vary existed; Evidentiary burden to prove fundamental mistake or fraud.
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16 September 2004 |
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An employer may terminate employment by contractual notice without criminal-standard identification or giving reasons.
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Employment law — wrongful dismissal — termination by contractual notice — investigatory suspicion in financial institutions — civil standard of proof (not criminal) — identification parade not required.
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14 September 2004 |
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Appellate court increased inadequate general damages awards, set interest from service of writ, and allowed appeal with costs.
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Damages — Assessment of general damages for personal injuries — Appellate interference where award is wholly erroneous — Date of assessment for inflation — Substitution of quantum and interest.
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9 September 2004 |
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Rehearing refused: unheards presidential pronouncements did not justify reopening a finalized appeal.
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Civil procedure — rehearing of appeal — Order 59/1/157 RSC — lacuna in rules — slip rule inapplicable; Evidence — alleged Presidential pronouncements; Housing law — sale of government/parastatal houses — requirement of employment connection; Stare decisis — Muimui precedent affirmed.
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8 September 2004 |
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An appeal against a costs-only order made in Chambers is incompetent without prior leave; belated leave cannot cure it.
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Civil procedure — Appeal against costs-only order made in Chambers — Requirement of prior leave under s.24(1)(d) and (e) Supreme Court Act — Leave obtained after filing does not cure incompetence — Appeal refused.
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7 September 2004 |
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7 September 2004 |
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Court held female convicts should receive simple imprisonment where hard labour cannot lawfully be enforced.
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Criminal law — Murder — Sentencing — Extenuating circumstances (belief in witchcraft); Sentencing of female prisoners — Imprisonment with hard labour vs simple imprisonment — Prisons Act s.75(2); Liability and deterrence for witch‑finders; Enforcement of sentences.
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7 September 2004 |
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Court upheld deterrent sentence for witch-finder, directed simple imprisonment for female convicts where hard labour is unenforceable.
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Criminal law — murder — extenuating circumstances (belief in witchcraft) — sentencing — female prisoners and hard labour — Prisons Act s.75(2) — deterrence of witch-finders.
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7 September 2004 |