Results.
12 judgments found.
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| September 2016 |
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28 September 2016 |
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Appellants' convictions and death sentences upheld: common purpose and reliable single-witness identification supported by corroborative circumstantial evidence.
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Criminal law — murder — joint enterprise/common purpose — single identifying witness — connecting link; accomplice evidence — need for corroboration whether called by prosecution or defence; admissibility and sufficiency of circumstantial evidence.
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14 September 2016 |
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Whether conditioning repatriation benefits on vacating company housing unlawfully contracts out of the Employment Act.
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Employment law — repatriation benefits — section 13(1) Employment Act — validity of contractual precondition (vacation of employer housing) — subsistence awards — mitigation and eviction following discharge of interim injunction — costs.
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12 September 2016 |
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Whether dismissal for alleged cash shortage and unauthorized receipting was procedurally fair and supported by sufficient facts.
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Labour law — unfair dismissal — exhaustion of administrative remedies — scope of judicial review in disciplinary dismissals — procedural fairness and sufficiency of factual substratum to justify summary dismissal for fraud and failure to follow lawful instructions.
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12 September 2016 |
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Whether the applicant's delay in filing an industrial complaint was inordinate and not excused under section 85(3).
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Industrial Relations Act s.85(3)(a) — exhaustion of administrative remedies — leave to file out of time — limitation periods — s.85(5) and substantial justice — inordinate delay — awaiting investigation/clearance not a sufficient excuse.
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12 September 2016 |
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Appeal dismissed: insufficient evidence of gross negligence; trial court validly deemed respondent retired under section 85A and awarded compensation.
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Employment law — unfair dismissal — sufficiency of evidence for gross negligence — appellate review of factual findings — remedies under section 85A Industrial and Labour Relations Act (reinstatement, compensation, deeming retired).
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12 September 2016 |
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9 September 2016 |
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An employee’s prolonged absence without an authentic medical certificate justified dismissal for desertion; retrospective foreign reports and procedural defects were ineffective.
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Employment law — abandonment/desertion of duties — employee absent after unpaid leave without producing authentic medical certificate — retrospective foreign medical reports require authentication — procedural non‑compliance not fatal where misconduct warrants dismissal — appellate restraint on reconsidering pure findings of fact.
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9 September 2016 |
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A registered court‑annexed mediation settlement is final and binding; unclear settlements may be remitted back to mediation with judicial guidance.
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Court‑annexed mediation — binding and final — no appeal, review or interpretation; court loses jurisdiction once settlement registered; inappropriate use of Deputy Registrar assessment; inherent jurisdiction to remit unclear settlements back to mediation; need for suitably qualified mediator for accounting disputes.
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9 September 2016 |
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9 September 2016 |
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If defence withdraws concerns about fitness to plead, the court need not order a section 160 medical inquiry.
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Criminal procedure — fitness to plead — section 160 CPC — mandatory inquiry when question arises — inquiry requires evidence, often medical — defence withdrawal of concern extinguishes duty to inquire — Mbaye precedent on procedure.
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7 September 2016 |
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An employer cannot unilaterally withdraw a communicated retirement to deny statutory LASF retirement benefits.
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Superannuation law — entitlement to retirement benefits under S.28 v discharge under S.33(b) of LASF Act — notice of termination once given cannot be unilaterally withdrawn — employer bound by communicated mode of exit and LASF form — obiter dicta; new grounds not raiseable on appeal.
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1 September 2016 |