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Citation
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Judgment date
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| May 2016 |
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26 May 2016 |
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Appellate court affirms trial findings: reconciliations and documentary records supported respondent’s claim; no evidence of respondent’s complicity in employee fraud.
Commercial law — supply of fuel — reconciliation of accounts — weight of documentary evidence; Civil procedure — appellate interference with findings of fact; Employer liability — vicarious liability for employee fraud; Burden of proof — challenge to primary documents.
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26 May 2016 |
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Applicant’s transfer held not a contractual demotion; termination was applicant‑initiated, appeal dismissed with costs.
Employment law – transfer and alleged demotion – written contract governs terms; variation by conduct disallowed; unfair dismissal – termination initiated by employee; procedural safeguards (s.26A) apply to employer-initiated disciplinary dismissals; appellate review limited to points of law or mixed law and fact; discrimination claim inadequately proved.
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18 May 2016 |
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An arbitral award imposing liability on a non‑party and imposed without proper appointment or jurisdictional ruling was set aside.
Arbitration — Setting aside award — Section 17 Arbitration Act and Model Law — Jurisdictional challenges (Article 16) — Joining non‑parties and notice — Appointment procedure of arbitrator (section 12) — Award in conflict with public policy where liability imposed on non‑party.
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18 May 2016 |
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13 May 2016 |
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13 May 2016 |
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Secondment under a written appointment made the 2nd respondent the employer; termination by notice/pay in lieu was lawful, parol evidence rejected.
Employment law – secondment and employer identity – written Letter of Appointment as determinative; Termination – notice or payment in lieu lawful under contract; Remedies – damages for wrongful dismissal limited where contractual notice/pay in lieu applied; Parol evidence – inadmissible to add or vary written employment terms; Promissory estoppel and customary practice cannot override clear written terms; Reinstatement – discretionary and sparingly granted.
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10 May 2016 |
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Whether retirement under section 28 LASF for reorganization amounts to redundancy justifying extra damages.
Employment law – retirement under section 28 LASF – distinction between redundancy (abolition of post) and reorganization for efficiency – measure of damages for termination – awards for mental distress exceptional.
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9 May 2016 |
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Termination under LASF s28 for reorganization permitting replacement does not justify additional wrongful-termination damages.
Employment law – statutory retirement under LASF s28 – interpretation of ‘reorganization’ vs ‘abolition’ – measure of damages for termination – limits on awards for mental distress and punitive damages.
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9 May 2016 |
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Industrial Relations Court erred by reviewing a final judgment and ordering reinstatement instead of respecting its damages award.
Industrial Relations Court — power to review its own judgments — Rule 55 — interpretation v review — functus officio — procedural fairness — reinstatement as exceptional remedy — damages for wrongful dismissal.
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4 May 2016 |