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Citation
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Judgment date
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| February 2014 |
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Members of a contributory pension scheme are entitled to an accounting of accrued contributions; penal interest is unlawful and substituted.
Pension law – contributory occupational pension scheme – members’ and employer’s contributions belong to members – entitlement to account of accrued values at separation – single scheme with different fund managers – leaving service options (Rule 11) – penal interest unlawful; substituted interest award.
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25 February 2014 |
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Appeal allowed: midwife’s failure to secure emergency measures was negligent; dismissal and house withdrawal were lawful.
Employment law; medical negligence – duty of care of nurses/midwives; standard of care objective test; administrative policy versus clinical discretion; entitlement to government housing as incident of employment and withdrawal of allocation prior to acceptance.
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18 February 2014 |
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Unilateral repeal of ex-gratia entitlement cannot retrospectively deprive pre-existing employees of an accrued right without their consent.
Employment law – accrued rights – unilateral variation of terms – ex-gratia payment under Conditions of Service – retrospective application and employee consent.
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17 February 2014 |
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13 February 2014 |
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12 February 2014 |
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11 February 2014 |
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11 February 2014 |
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11 February 2014 |
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10 February 2014 |
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10 February 2014 |
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10 February 2014 |
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Omission to warn about relatives' false implication not fatal where unchallenged conduct corroborated appellant's guilt.
Criminal law – murder; identification evidence – courtroom recognition vs identification parade; danger of false implication by relatives; corroboration by appellant’s conduct on apprehension ('something more').
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3 February 2014 |
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A dream-based belief in witchcraft, without corroboration, does not qualify as an extenuating circumstance to avoid the death sentence.
Criminal law – Murder – Extenuating circumstances – Allegation of witchcraft and dreaming – Whether dreaming and waking unwell amount to mitigation – Section 201 Penal Code – Fact-specific inquiry required.
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3 February 2014 |
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3 February 2014 |
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3 February 2014 |
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3 February 2014 |