Results.
4 judgments found.
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| June 2009 |
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Written-contract redundancy requires proper consultation and notice; payment in lieu does not excuse unlawful redundancy.
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Redundancy law — application of statutory redundancy provisions to written versus oral contracts; contractual redundancy clauses and duty to consult and give notice — planning, selection and alternatives; constructive dismissal — definition and limits; damages for wrongful dismissal — measure and exceptional awards for distress; payment in lieu of notice not a substitute for redundancy consultation.
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12 June 2009 |
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Employer’s bad-faith, procedurally defective redundancy rendered the respondent's termination wrongful; 24 months damages upheld.
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Employment law — redundancy vs constructive dismissal; written contract incorporating redundancy safeguards — duty to consult and minimise impact; payment in lieu of notice not a substitute for redundancy procedure; wrongful dismissal where redundancy used in bad faith; damages for loss of employment and limits on awards for mental distress.
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12 June 2009 |
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An appellant who, as a wrongdoer, fires at law‑enforcement cannot successfully claim self‑defence or avoid malice aforethought.
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Criminal law — Murder — Malice aforethought; Self‑defence — availability where appellant provoked the confrontation; Defendant a poacher who fired at law‑enforcement; Extenuating circumstances — s.201(2) Penal Code — not established.
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4 June 2009 |
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Court reduced an excessive 15-year sentence for a first-time miraa trafficker to five years; deportation order upheld.
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Narcotic Drugs and Psychotropic Substances Act — sentencing — first offender entitled to leniency absent aggravating factors; Section 6 (maximum penalty), Section 44 (minimum for subsequent offences) — reduction of excessive sentence; deportation order remains enforceable.
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4 June 2009 |