Results.
6 judgments found.
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| January 2013 |
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Proof of corrupt practices under section 93(2)(c) independently voids an election; no additional ‘majority prevented’ showing is required.
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Electoral law — Corrupt and illegal practices — Sections 79 and 93(2)(a) & (c) — Independence of grounds in s.93(2) — Proof of malpractice under s.93(2)(c) does not require showing majority were prevented from voting — Election nullified; fresh election ordered.
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30 January 2013 |
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Collective-agreement variations must be by the statutory bargaining unit; board signatures cannot lawfully amend retrenchment terms.
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Labour law — Collective agreement variation — Bargaining unit defined by statute — Board of Directors cannot lawfully substitute for management in varying collective agreements under Section 72; retrenchment benefits; repatriation claim pleaded and not traversed; referral to Deputy Registrar for assessment of long-service bonus
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28 January 2013 |
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Whether statutory redundancy notification applies to written fixed‑term contracts and entitles employees to unexpired‑term damages.
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Employment law — fixed‑term written contracts — Part IV (Section 26B) notification/approval requirements — redundancy — application to oral contracts only — wrongful termination remedies.
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24 January 2013 |
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Conspiracy pleadings read holistically that state material facts can disclose a clear cause of action; dismissal denied.
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Civil procedure — Pleadings — Practice Direction No.1 Order 53 — requirement to plead material facts and show clear cause of action; Conspiracy — particulars — evidentiary detail vs. required particulars at pleading stage; striking out/dismissal appropriate only where pleadings disclose no cause of action.
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18 January 2013 |
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Dismissal upheld where employee failed to obey lawful instruction to attend urgent fault and did not satisfactorily explain absence.
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Employment law — dismissal for refusal to obey lawful instruction; adequacy of reasons and evaluation of evidence by Industrial Relations Court; employee's duty to report and raise competence/safety concerns; procedural fairness in disciplinary process.
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17 January 2013 |
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A receiver appointed under a floating charge has precedence over the liquidator for assets subject to that charge.
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Company law — Winding up and receivership — Effect of floating charge and appointment of receiver under a debenture — Receiver’s administration takes precedence over liquidator in respect of charged assets — Section 286(1) does not oust a receiver appointed under a debenture
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15 January 2013 |