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Citation
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Judgment date
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| December 2019 |
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Appellate court upholds trial judge’s equitable award under s13 and will not disturb factual findings absent perversity.
Sale of goods; tax receipts and evidence; equitable jurisdiction—Section 13 High Court Act; appellate review of findings of fact; abandonment of cross-appeal.
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9 December 2019 |
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Appellate court upheld trial judge’s factual findings and equitable award under section 13; cross‑appeal abandoned, costs to respondents.
Equitable jurisdiction – Section 13 High Court Act – law and equity administered concurrently; Appellate review of findings of fact – limited interference absent perversity; Money had and received / tax receipts – factual evaluation; Cross-appeal abandoned for failure to prosecute.
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9 December 2019 |
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9 December 2019 |
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Appellants validly accepted varied fixed‑term contracts; no unilateral variation, duress, redundancy entitlement, or discrimination established.
Employment law – fixed-term/performance contracts – renewal at employer discretion – consent to varied written terms – economic duress not pleaded or proved – termination by effluxion of time, not redundancy – alleged nationality/age discrimination unsuccessful.
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9 December 2019 |
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Whether a suspect witness’s testimony requires corroboration and whether the appellant’s leading police provided ‘something more’ to uphold conviction.
Criminal law — suspect witness/accomplice — requirement for corroboration or ‘something more’ — evidence of accused leading police to others as ‘something more’ — misdirection and Section 15 proviso.
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9 December 2019 |
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Cogent circumstantial evidence can sustain murder and aggravated robbery convictions despite excluded child testimony and interpreter absence.
Criminal law – Circumstantial evidence – Cogency and inference of guilt; Juveniles Act s.122 – reception of child evidence; requirement of sign‑language interpreter when questioning speech‑and‑hearing‑impaired accused; aggravated robbery (s.294(1)) and murder – possession, violence and odd coincidences.
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9 December 2019 |
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Tenants have no automatic common law right of first refusal; any pre-emptive purchase right must be contractually granted.
Landlord-and-tenant law – distinction between option to purchase and right of pre-emption (first refusal); no common law right to first refusal absent agreement; trustees’ duty to beneficiaries and lawful disposal of trust property; protection of bona fide purchasers; inadmissibility of fraud not pleaded below.
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9 December 2019 |
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Arson conviction upheld on circumstantial evidence; forty-year sentence for a first offender reduced to fifteen years.
Criminal law — Arson — Circumstantial evidence: threats, presence at scene, and matches found — inference of guilt; Sentencing — first offender — manifestly excessive sentence reduced from 40 to 15 years.
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9 December 2019 |
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Appeal dismissed where the record omitted material documents and grounds of appeal were ambiguous or abandoned.
Civil procedure – Appeals – Grounds of appeal must be clear and disclose the error complained of (Rule 58(2)) – Record of appeal must include documents material to the appeal (Rule 58(4)) – Incomplete record may justify dismissal of appeal (Rule 68(2)) – Parties’ submissions are not evidence.
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9 December 2019 |
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Court held prison overcrowding and inadequate diet violated the right to life and constituted inhuman, degrading treatment; State must remedy conditions.
Constitutional law — justiciability of economic, social and cultural rights; right to life includes adequate nutrition and health care; prison conditions — overcrowding and poor sanitation amount to inhuman and degrading treatment; State obligation to provide special diets for prisoners with medical needs; enforcement via Prison Rules and constitutional remedies.
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9 December 2019 |
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A 35‑year manslaughter sentence for a first‑time offender who pleaded guilty was reduced to 10 years for being excessive.
Criminal law – Manslaughter – Sentencing – Weight of guilty plea, first‑time offender status and remorse in mitigation – Aggravating factors: intoxication, domestic violence and infant victim – Appellate interference where sentence is excessive, wrong in principle or induces a sense of shock – Consistency in sentencing.
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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Conviction upheld where accused led police to a fresh struggle site; intoxication not extenuating, death sentence imposed.
Criminal law – murder – circumstantial evidence – corroboration of interested/suspect witnesses – leading of police by accused – fresh evidence from previously unknown struggle site – drunkenness and extenuating circumstances – sentencing (mandatory death).
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9 December 2019 |
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Whether "basic salary" includes allowances for terminal benefits — court held it excludes allowances.
Contract construction — "basic salary" v. "salary" — whether allowances form part of terminal benefits — where parties defined "basic salary" as starting salary in appointment letter, allowances excluded — no ambiguity; contra proferentum inapplicable.
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9 December 2019 |
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VAT refunds upheld where Coffee Act makes Association the sole exporter, rendering VAT Rule 18 inapplicable to growers.
Tax — VAT refunds; VAT Rule 18 — documentary proof of export; Coffee Act — Association as sole exporter; inconsistency of subsidiary rules with primary statute; tax administration and implementability; interest on tax refunds (short-term deposit rate to judgment, lending rate thereafter).
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9 December 2019 |
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Whether the respondent's termination for politically-charged statements amounted to wrongful, unfair, or unlawful dismissal.
Employment law - Termination v dismissal - Section 36(3) Employment Act (amended) - Valid reasons may relate to conduct or capacity - Section 26A limited to oral contracts - Reinstatement remedy considered
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6 December 2019 |
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An appeal challenging only factual findings is incompetent under Section 97 ILR Act; lower court's wrongful and unfair dismissal award upheld.
Industrial and Labour Relations — Appeal competence — Section 97 ILR Act — Appeals limited to questions of law or mixed law and fact — Findings of fact are not reviewable on appeal; wrongful and unfair dismissal; procedural fairness and committee constitution; damages in lieu of reinstatement.
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6 December 2019 |
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Appeal dismissed as incompetent because it exclusively attacked factual findings, leaving wrongful and unfair dismissal finding intact.
Industrial and Labour Relations Act s97 — appeals limited to questions of law or mixed law and fact — appellate inadmissibility of appeals challenging only findings of fact; wrongful and unfair dismissal; disciplinary procedure and committee constitution; damages in lieu of reinstatement.
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6 December 2019 |
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Guilty plea should be considered in sentencing; appellate court reduced an excessive arson sentence.
Criminal law — Arson — Sentencing — Role of guilty plea/remorse as mitigation — Appellate interference where sentence is wrong in principle or manifestly excessive — Mandatory minimum sentences.
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3 December 2019 |
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Appellate court reduced a manifestly excessive 20-year arson sentence to 11 years after finding sentencing errors.
Criminal law – Arson – Sentencing – Plea of guilty and remorse as mitigating factors – Appellate interference with sentence: wrong in principle, manifestly excessive, exceptional circumstances – Mandatory minimum sentences.
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3 December 2019 |
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Confession excluded for lack of reasoned trial-within-a-trial ruling, but reliable identification and possession upheld the conviction.
Criminal law – admissibility of confessions – trial-within-a-trial requires a reasoned ruling; Identification – single witness evidence and connecting links; Possession of stolen property as corroboration; Evidence of 'leading' police worthless if nothing new discovered.
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3 December 2019 |
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Possession of recently stolen property and related coincidences can make circumstantial evidence sufficiently cogent to sustain convictions.
Criminal law – circumstantial evidence – possession of recently stolen property and odd coincidences – hearsay exception for investigative narration – investigative omissions not necessarily fatal to prosecution.
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3 December 2019 |
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The High Court misdirected on sentence and a wrongful committal under s217 led to a reduction of a 14-year term to 2 years.
Criminal law – Attempted arson (s329 Penal Code) – Maximum sentence 14 years – Committal for sentencing by subordinate court (s217 Criminal Procedure Code) requires recorded reasons – Wrongful remittal and excessive sentence – Reduction of sentence to reflect subordinate court jurisdiction and absence of aggravating factors.
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3 December 2019 |
| November 2019 |
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Appellant failed to prove respondent's mining/blasting caused property damage; appeal dismissed and trial findings upheld.
Property damage – alleged mining/blasting damage – causation and burden of proof; Appellate review of factual findings – limits and exceptions; Baseline structural survey and EIS/regulatory compliance; Egg‑shell‑skull principle – inapplicability where negligence not pleaded; Seismograph evidence and blast distances.
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28 November 2019 |
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Refusal to accept a lawful contractual transfer justified dismissal; redundancy and contractual remainder-pay claims failed.
Employment law – Transfer and disciplinary dismissal; Contractual terms permitting transfer; Unfair, wrongful and unlawful dismissal; Medical examination (s.34) applies to initial appointment not transfers; Redundancy vs transfer; Hearsay and appellate procedure; Enforceability of clause providing payment for remainder of contract where dismissal is for misconduct.
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28 November 2019 |
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28 November 2019 |
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A plaintiff must plead and prove particulars of negligence; res ipsa loquitur cannot shift the burden onto the defendant.
Tort — Negligence; burden of proof in civil cases; res ipsa loquitur; admissibility of evidence from criminal investigations (not outcomes); requirement for pleaded particulars; contributory negligence (failure to insure).
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27 November 2019 |
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Joinder does not obviate the need to amend pleadings or adduce evidence; alleged pension scheme unproven, appeal allowed.
Joinder and representative actions – amendment of pleadings – duty to plead and prove individual claims; pension scheme establishment – need for terms, board resolution and statutory approval; perverse findings – appellate review; improper application of precedent on computation of terminal benefits.
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27 November 2019 |
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Appeal dismissed: procedural non-compliance and unjustified delay did not warrant extension of time to appeal.
Industrial Relations Court – application for leave to file complaint out of time – requirement to show good cause – Section 85(3) and proviso; Supreme Court Rules – Rule 58(2) on grounds of appeal; Section 97 (appeals on points of law/mixed law and fact); discretion to extend time; procedural compliance; duties of counsel.
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19 November 2019 |
| 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 |
| September 2019 |
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Conviction quashed where key witnesses gave inconsistent, uncorroborated evidence and one witness had a potential interest.
Criminal law — Identification and reliability of witnesses — Inconsistent testimony and witness with possible interest — Need for corroboration of suspect witness — Conviction unsafe where evidence is contradictory and uncorroborated.
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26 September 2019 |
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Damages for wrongful dismissal generally equate to notice-period pay unless claimant proves additional loss or special circumstances.
Employment law – wrongful dismissal – measure of damages ordinarily equivalent to notice period – enhanced awards only for special circumstances – proof of loss and mitigation – burden of proof on claimant to show additional loss; employer must plead and prove failure to mitigate.
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26 September 2019 |
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An officer of an unincorporated club is personally liable for club debts; execution against his goods was lawful.
Unincorporated associations – no separate legal personality – officers and members’ personal liability – agency defence inapplicable where principal does not exist – lawful execution against member’s goods.
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19 September 2019 |
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Officers of an unincorporated club are personally liable for debts; a disclosed principal must legally exist to avoid personal liability.
Unincorporated associations — no separate legal personality — officers/members personally liable for debts; agency — disclosed principal must exist; joint and several liability; execution against a member permissible.
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19 September 2019 |
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Employer’s invocation of payment-in-lieu was pierced as bad faith; downgrading amounted to redundancy entitling the employee to pay.
Employment law — redundancy — organisational review and downgrading of post — payment-in-lieu-of-notice may be pierced where employer acts in bad faith — entitlement to redundancy payment (equal treatment) — interest on award.
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10 September 2019 |
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Employer’s invocation of termination-by-notice to avoid redundancy pay was displaced where downgrading and lack of consultation showed true redundancy.
Employment law – redundancy – organisational review and downgrading of post – employer invoking payment in lieu of notice to disguise redundancy – court may look behind termination-clause where sufficient evidence suggests ulterior motive – variation of basic terms without consent deemed to terminate contract – entitlement to redundancy pay and comparable treatment.
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10 September 2019 |