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Citation
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Judgment date
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| October 2019 |
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An employee with superior allowances but no managerial authority was a "qualified clerk" entitled to statutory terminal benefits.
Labour law – Minimum Wages and Conditions of Employment (General) Order 2006 (SI No.57/2006) – definition of "qualified clerk" – management exclusion – superior conditions of service not determinative of management status – entitlement to terminal benefits and interest.
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31 October 2019 |
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Whether enhanced allowances converted the respondent into management, excluding him from minimum-wage protections.
Employment law — Minimum Wages and Conditions of Employment (General) Order, 2006 — classification of 'qualified clerk' vs 'management' — whether superior conditions convert a clerk into management — entitlement to statutory terminal benefits.
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31 October 2019 |
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29 October 2019 |
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Mere suspicion is insufficient for slander per se; lawful police entry under s.19 CPC negates a trespass claim.
Defamation – slander actionable per se – requires direct imputation of crime, not mere suspicion; Trespass – police power under s.19 Criminal Procedure Code to enter premises when pursuing arrest – Article 17 rights subject to statutory exceptions; Presence of private person accompanying lawful police action does not automatically create trespass liability.
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28 October 2019 |
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Financial hardship alone, without material proof and alternatives exhausted, does not justify extension to file an appeal record.
Civil procedure — Extension of time to file record of appeal — Rule 12(1) — Insufficiency of funds does not automatically justify enlargement of time — Requirement for material evidence when exercising discretion — Duty to comply with procedural time limits; availability of legal aid.
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23 October 2019 |
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Appeal allowed: failure to prove the contested bottle’s origin and medical causation defeated negligence claim.
Product liability and negligence – duty of care of manufacturer – burden on claimant to prove manufacturer, contamination and causation – necessity to produce disputed bottle and call public analyst/medical witnesses – appellate interference with trial credibility findings where judge was wrong in principle.
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23 October 2019 |
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Failure to include material documents in the record of appeal is fatal; appeal dismissed under Rules 58(4) and 68(2).
Civil procedure — Record of appeal — Rule 58(4)(h) & (i) — omission of affidavits/documents and material papers (conditions of service, pension rules) — Rule 68(2) sanction — appeal dismissed — costs follow the event.
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9 October 2019 |
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Buyer’s failure to obtain vacant possession after purchase is governed by vendor–purchaser contract law, not the Rent Act.
Property law – vendor and purchaser v. landlord and tenant – Rent Act applicability – vacant possession after sale – remedies for breach of contract of sale (specific performance/damages) – jurisdiction to grant Rent Act relief.
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9 October 2019 |
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Whether a bank must bear loss from unauthorized online card transactions where it fails to exercise reasonable care securing the online channel.
Banking law – Online/ATM/Visa card fraud – Allocation of liability for unauthorized electronic transactions – Burden and standard of proof in civil claims – Bank’s contractual/common-law duty to secure online channels and exercise reasonable care.
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8 October 2019 |
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Notice termination lawful absent evidence of malice; redundancy finding and award set aside.
Employment law — Termination by notice/payment in lieu — Industrial Relations Court’s limited power to peer behind notice terminations — Redundancy: burden of proof that a post was abolished — Right to be heard on appraisal governed by employer’s grievance procedure.
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8 October 2019 |
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Termination by payment in lieu of notice upheld; redundancy award overturned for lack of supporting evidence.
:[
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8 October 2019 |
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Procedural ambush and unsupported allegations rendered the dismissal wrongful and unfair; damages reduced to six months' pay.
Employment law — disciplinary procedure and natural justice (audi alteram partem); wrongful dismissal (procedural irregularity); unfair dismissal (substance/reasonableness); measure of damages for dismissal; costs under IRC Rule 44(1).
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8 October 2019 |
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Interlocutory costs may be taxed forthwith under Order 62 Rule 8(9) where no further order concerning the interlocutory matter is anticipated.
Civil procedure — Costs — Taxation of interlocutory costs — Order 62 Rule 8(9) allows taxation forthwith where no further order is likely — Effect of party joining on immediate taxation of interlocutory costs.
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4 October 2019 |
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Where interlocutory proceedings have concluded with no further orders anticipated, costs may be taxed immediately under Order 62 rule 8(9).
Civil procedure – costs – taxation of interlocutory costs – Order 62 rule 8(9) allowing immediate taxation where no likelihood of further order – status as joined party does not preclude immediate taxation in such circumstances.
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4 October 2019 |