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Citation
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Judgment date
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| December 2019 |
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Termination upheld for absconding, but procedural breach entitles the claimant to four weeks’ wages.
* Public service dismissal – posting instructions and assumption of duty – written posting versus alleged verbal transfer
* Misconduct/absconding – failure to assume posted duties as fundamental breach permitting summary termination
* Procedural fairness – requirement to give reasons and an opportunity to be heard under Standing Orders and statute
* Remedy – limited compensation (four weeks’ wages) for procedural/natural justice breach
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19 December 2019 |
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Summary termination for failing to assume posted duties was substantively lawful, but procedural breaches entitled the claimant to four weeks' pay.
* Public service – posting and transfer – requirement to assume duty at station specified in posting instructions; verbal transfer without formal posting not sufficient. * Employment law – misconduct/absconding – failure to assume posted duties may constitute fundamental breach justifying summary termination. * Administrative law/natural justice – disciplinary procedure and right to fair hearing are mandatory; even summary dismissals require notice of reasons and opportunity to be heard. * Remedies – procedural breaches attract compensation (here four weeks’ pay) though substantive dismissal may stand.
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19 December 2019 |
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Stay application dismissed as incompetent for service outside prescribed 21‑day period without seeking extension.
Civil procedure – Service of notices of motion – Order 5 r.1(2) CPR – Service must be effected within 21 days of endorsement or party must apply for extension – Failure to seek extension renders application incompetent.
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9 December 2019 |
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Extension of time and leave to appeal granted due to court administrative delay; respondent’s late reply struck out.
Employment law – Appeal from labour officer – Extension of time to file notice of appeal – Service timetables governed by Order 5 CPR – Incompetent late affidavit in reply struck out; good cause shown where delay due to court administrative failure; leave to appeal on law and fact granted.
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2 December 2019 |
| November 2019 |
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Termination without reasons or a hearing breaches the Employment Act; employee awarded damages and severance.
* Employment law – Termination – Employer must give reasons and afford a hearing before dismissing for poor performance (s.66 Employment Act).
* Employment law – Proof of reason – Employer must prove genuine reasons for dismissal existing at time of dismissal (s.68).
* Termination with notice (s.65) does not relieve employer of statutory procedural obligations.
* Remedies – Industrial Court may award general damages and severance; Labour Officer’s s.78 compensatory power is limited and not exclusive to Industrial Court.
* Pleadings – claims not pleaded (e.g., repatriation) are disregarded.
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21 November 2019 |
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Stay refused where notice of appeal was served late and procedural defaults were not excused under Article 126(2)(e).
• Civil procedure – stay of execution pending appeal – requirement to show appeal would be rendered nugatory.
• Appeals – time limits and service of notice of appeal – seven-day service rule under Court of Appeal rules.
• Computation of time – counting starts the day after the triggering event.
• Constitutional discretion (Article 126(2)(e)) – technical noncompliance not excused absent satisfactory justification.
• Mistake of counsel – generally not visited on the opposing party absent compelling reason.
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21 November 2019 |
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Stay of execution denied due to late service of notice of appeal and failure to request the record of proceedings.
Stay of execution – application pending appeal – requirements for notice of appeal and service under Court of Appeal Rules; computation of time (exclude day of event); obligation to request record of proceedings to prosecute appeal; limits of Article 126(2)(e) as remedy for procedural default; prejudice and rendering appeal nugatory.
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21 November 2019 |
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Court allows amendment to clarify claim quantum and reliefs, finding no prejudice and ordering filing within seven days.
Civil procedure – Amendment of pleadings (Order 6 r.19; CPA s.100; Judicature Act s.33) – Amendments to clarify quantum and consequential reliefs – No demonstrated prejudice – Amendments allowed in interest of substantive justice.
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21 November 2019 |
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Whether the Industrial Court may execute its own award and whether execution was premature; application dismissed.
Industrial Court – Execution of awards – Jurisdiction to execute decrees – Not bound by High Court administrative circular – Registrar empowered to execute; Civil procedure – Notice to Show Cause – Not mandatory within one year of judgment; Appeal procedure – Validation of late appeals is for the Court of Appeal; Enforcement remedies – Mandamus and committal applications.
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15 November 2019 |
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Termination unlawful for failure to follow statutory notice and procedure; claimant awarded general damages, severance and interest.
Employment law – unfair termination – failure to follow statutory notice and procedural requirements (Sections 58, 65, 66, 68) – collective bargaining agreement inapplicable – awards of general damages, severance and interest.
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14 November 2019 |
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Stay of execution granted pending determination of out‑of‑time leave to appeal; registrar erred in relying on labour officer proceedings.
Civil Procedure — Order 43 r.3 — Stay of execution — Requirements: likelihood of substantial loss, no unreasonable delay, security for due performance — Registrar’s reliance on labour officer proceedings improper — Stay granted pending application for leave to appeal out of time.
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13 November 2019 |
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A garnishee decree will not be reviewed absent new, credible bank evidence; failure to produce such evidence renders the application a veiled appeal.
Garnishee proceedings — Review — Alleged double payment — Requirements for new evidence under Section 82 CPA and O.46 r.1(b) — Bank remittance reports versus bank statements — Res judicata/veiled appeal — Failure to appear between decree nisi and decree absolute.
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6 November 2019 |
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Delay and reliance on unavailable proceedings do not justify extension of time to lodge a notice of appeal.
Civil procedure – Extension of time to appeal – Employment Regulations 2011 r.45(1) – 30‑day notice requirement; Record/award not prerequisite to notice of appeal; Delay and dilatory conduct disentitle applicant to extension; Security for performance of decree not alone sufficient to justify extension.
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4 November 2019 |
| October 2019 |
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Dismissal for alleged failure to detect smuggled ivory was unlawful due to insufficient hearing and inadequate evidential link.
Employment law – unfair/unlawful dismissal; right to fair hearing under Article 28(1), Article 44(c) and Sections 66–69 of the Employment Act; insufficiency of evidence linking employee to alleged smuggling; entitlement to terminal benefits and damages where dismissal is unlawful.
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18 October 2019 |
| September 2019 |
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Regulatory removal by the central bank frustrated the employment contract, making the employer’s discharge lawful.
Employment law – Frustration of employment contract by regulatory removal under the MDI Act; Central Bank powers (section 58) to remove directors/management; conditional appointments subject to regulatory approval; effect of regulator’s fair hearing on employer’s termination obligations; Section 40(2)(a) Employment Act – contract frustrated by operation of law.
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25 September 2019 |
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Termination without stated reasons and a hearing breaches statutory procedure and is unlawful; claimant awarded damages and severance.
Employment law – Termination procedure – Sections 66 and 68 Employment Act – Employer must give reasons and opportunity to be heard before dismissal for poor performance; failure renders termination unlawful. Remedies – Industrial Court may award general damages and severance pay; claims not pleaded or proved are disregarded.
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21 September 2019 |
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Continuous trespass found; Limitation and prescription do not bar the applicant’s compensation claim for power lines.
Limitation Act s.3(1)(a) – actions in tort – continuous trespass exception; Trespass to land – continuing tort where interference persists; Prescription/adverse possession – requires quiet uninterrupted possession and acquisition of substantive rights; Tribunal jurisdiction to entertain compensation claim arising from electricity infrastructure placed on private land.
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6 September 2019 |
| August 2019 |
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Employer failed to prove bribery allegation; claimant unlawfully dismissed and awarded notice, severance, damages and interest.
* Employment law – Unfair/summary dismissal – Employer’s burden to prove reason for dismissal; informal/telephone investigations insufficient to establish misconduct. * Employment law – Investigation procedure – Requirement to investigate and verify complaints; absence of formal investigation/report weakens disciplinary outcome. * Limitation – Labour officer’s discretion to entertain complaints filed outside statutory period; Industrial Court may hear late claims. * Remedies – Notice in lieu, severance (one month per year where no agreed formula), general damages, and interest.
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30 August 2019 |
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Appeals to the Industrial Court must be on questions of law; leave is required to raise factual issues and failure to evaluate evidence may be a legal ground.
Employment Act s.94(2) - appeals to Industrial Court confined to questions of law; leave required for questions of fact; competence of appeals with mixed grounds; evaluation/re-evaluation of evidence can be a question of law; severance of law and fact in poorly drafted grounds; practice on timing of leave applications.
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21 August 2019 |
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Industrial Court appeals are limited to questions of law; leave is required for factual issues; failure to evaluate evidence is a legal issue.
Employment law – Appeals to Industrial Court – Section 94(2) Employment Act – appeals confined to questions of law – leave required for questions of fact – competence of grounds of appeal – evaluation of evidence may constitute a question of law.
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21 August 2019 |
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Unlawful dismissal without hearing entitles employees to general damages, notice pay and severance; repatriation was denied.
Employment law – unlawful dismissal for lack of hearing and notice – entitlement to remedies; general damages for unlawful (non-summary) dismissal vs statutory 4 weeks’ pay (s66(4)); summary dismissal and s69; payment in lieu of notice; severance calculation; repatriation entitlement under s39; interest on awards.
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21 August 2019 |
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Summary dismissal was unfair due to procedural defects, inadequate disclosure and perceived bias, entitling the claimant to damages.
* Employment law – Summary dismissal – sections 66 and 69 Employment Act – requirement to accord opportunity to be heard; adequate notice and disclosure of investigatory materials. * Natural justice – right to prepare defence, impartial adjudicator; bias where investigator chairs disciplinary hearing. * Evidence – authentication of whistle‑blower statements and supporting payslips. * Remedies – compensation for unfair/unlawful dismissal; interest; refusal of unproven ancillary claims.
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9 August 2019 |
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Claimant entitled to unpaid wages and damages; facilitation allowance denied absent proof and employer’s abscondment claim unproven.
Employment law – unpaid wages – employer’s burden to pay and timing under Employment Act ss.41(1) and 43(4)(c); evidential burden on employer alleging abscondment; facilitation/allowance recoverability requires proof/accountability; remedies include wages, general damages and interest.
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3 August 2019 |
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Claimant’s dismissal found unlawful for lack of fair hearing; awarded damages, severance, notice pay, overtime and NSSF, interest applied.
Employment law – unfair dismissal – summary dismissal under Section 69 – fundamental breach vs. misconduct; right to fair hearing under Section 66; remedies for unlawful termination (general damages, severance, notice pay, overtime, NSSF); jurisdiction – premature referral to Industrial Court.
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2 August 2019 |
| July 2019 |
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Industrial Court finds termination unlawful for failure to prove reasons and to accord statutorily required hearing; awards severance and damages.
Labour law – jurisdiction of Industrial Court under LADASA; unfair termination – employer’s burden to prove reason under Employment Act s.68; procedural fairness – s.66 hearing requirement; remedies – severance, general damages, interest; denial of salary arrears and loan recovery where not justified.
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26 July 2019 |
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Performance appraisals do not replace disciplinary hearing; severance payable for unfair dismissal; s92 fine improperly imposed.
Employment law – unfair dismissal – right to a fair hearing under Article 28 and Section 66 – performance appraisals vs disciplinary hearing; statutory severance under Sections 78 and 87; Section 92(2) fine payable only after refusal to pay severance following a court order; Labour Officer’s power to refer compensation issues to Industrial Court.
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26 July 2019 |
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Respondent failed to prove probation and to give a hearing; claimant’s dismissal was unlawful and damages awarded.
* Employment law – Probationary contracts – employer’s burden to prove existence and admissibility of contract documents; primary evidence required. * Employment law – Termination procedure – statutory right to notification, hearing and proof of reasons (Employment Act ss.66, 68). * Estoppel – failure to communicate at expiry of probation and continued employment leads to confirmation. * Remedies – general damages and payment in lieu of notice for unlawful termination; exemplary damages and costs denied.
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19 July 2019 |
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Applicant’s delay and failure to specify questions of law meant extension refused and out-of-time appeal struck out.
Extension of time – application to enlarge time to file appeal – requirements: sufficient cause, absence of dilatory conduct, arguable questions of law – failure to attach draft memorandum of appeal – out-of-time appeal struck out.
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19 July 2019 |
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Suspension beyond the statutory four weeks without inquiry amounted to unlawful termination; claimant awarded damages and interest.
Employment law – Suspension – Employer must investigate and hold disciplinary hearing within statutory period (s.63(2)) – Suspension beyond four weeks without inquiry may amount to unlawful termination – Remedies: general damages, half-pay for suspension period, interest.
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19 July 2019 |
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Unsubstantiated threats to recover undisputed salary loans do not justify a temporary injunction.
Labour law – interlocutory relief – temporary injunction; recovery of staff salary loans; irreparable harm and imminent threat; status quo pending determination; late-filed submissions inadmissible.
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12 July 2019 |
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Termination without hearing and without proof of contractual misconduct was unlawful; claimant awarded unpaid salary and notice pay.
* Employment law – unfair dismissal – summary termination – necessity of fair hearing and evidence of contractual grounds for summary dismissal; * Remedies – unpaid salary and payment in lieu of notice awarded; claims for accrued leave, NSSF contributions, salary advance and general damages dismissed for lack of proof; * Civil procedure – ex parte proceeding where respondent under receivership and fails to participate.
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12 July 2019 |
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Claimants proved employment and unpaid wages; termination not proved, awards limited to arrears shown on legible pay records.
* Employment law – contract of service – oral and written contracts – corroboration required for oral contracts; payslips admissible evidence of remuneration. * School governance – Board of Governors as legal entity remains liable despite change in membership or sale. * Termination – burden to prove dismissal; ‘‘implied termination’’ not established here, so no unlawful dismissal or severance. * Remedies – awards limited to unpaid wages proven by clear pay records; illegible records fail.
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12 July 2019 |
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A fixed-term oral employment contract expired; the appellant failed to prove a longer term or unlawful termination.
* Employment law – fixed-term and oral contracts – expiry of fixed-term contract terminates employment; employer not obliged to renew. * Burden of proof – party asserting terms of an oral contract must prove duration and terms. * Procedural fairness – sections 66 and 68 (Employment Act) not triggered where contract expired by its terms. * Statutory remittances – NSSF deductions must be deposited per NSSF Act; employer directed to update remittances where appropriate.
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5 July 2019 |
| June 2019 |
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The claimant’s refusal of reassignment and failure to attend disciplinary proceedings made dismissal for insubordination lawful.
Employment law – dismissal for insubordination; suspension pending investigation (s.63 Employment Act); disciplinary procedure and right to be heard; whistleblower complaint converted to grievance; transfer/redeployment and transfer policy; sanctions matrix not exhaustive.
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28 June 2019 |
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Dismissal for refusing reassignment and avoiding disciplinary process was lawful, not protected whistleblower retaliation.
Employment law – dismissal – refusal to accept reassignment; insubordination as a ground for dismissal; whistleblower complaint treated as grievance not protected disclosure; suspension and disciplinary procedure – requirements under Employment Act (s.63, s.66, s.68); requirement to afford reasonable opportunity to be heard (not court standard).
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28 June 2019 |
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Constructive dismissal found where employer demoted claimant without disciplinary hearing, awarding gratuity and general damages.
Employment law – transfer versus demotion – constructive dismissal – Sections 65, 66 and 68 Employment Act; procedural fairness and disciplinary process; entitlement to contractual gratuity and general damages.
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28 June 2019 |
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Court overruled preliminary objections and held the Industrial Court may hear both the employment claim and related counterclaim.
* Labour law – termination and counterclaims – counterclaim arising from same employment relationship properly before Industrial Court.
* Civil procedure – preliminary objections – cause of action, jurisdiction and misjoinder considered at preliminary stage.
* Pleading – fraud allegations require particulars, but failure to particularize is not necessarily fatal at preliminary stage.
* Procedural form (nomenclature, separate filing) is technical and does not defeat substantive rights.
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21 June 2019 |
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An appeal filed after the 30‑day statutory period without prior extension is incompetent and struck out.
Employment law – Appeals from Labour Officer – 30-day statutory appeal period (Reg. 45(1), Employment Regulations 2011) – requirement to obtain extension of time before filing/arguing late appeal – competence of appeal – preliminary objection – execution of award.
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14 June 2019 |
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Claimant failed to prove an alleged oral employment contract, so claims for unpaid wages and damages were dismissed.
* Employment law – contract of service may be oral – but oral contracts require corroboration when relied upon in court.
* Evidence – burden of proof rests on claimant to prove existence and terms of contract on balance of probabilities (s.101 Evidence Act).
* Civil procedure – ex parte proceedings do not absolve claimant of evidential burden.
* Remedies – failure to prove employment relationship defeats claims for wages and damages.
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14 June 2019 |
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Dismissal for soliciting/receiving facilitation payments was fair and lawful; claim dismissed.
* Employment law – unfair dismissal – disciplinary procedures – requirement for impartial hearing under Employment Act (ss.66,68). * Evidence – standard of proof in employment disciplinary matters lower than criminal standard; balance of probabilities. * Misconduct – soliciting/receiving facilitation/bribe; mobile money transactions as supporting evidence. * Procedural fairness – complaints reduced to writing, witness reiteration, and committee conduct do not automatically imply bias. * Remedies – dismissal upheld; no damages awarded.
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14 June 2019 |
| May 2019 |
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Restructuring can justify dismissal, but failure to notify affected employees under section 81 attracts compensatory damages.
Employment law – redundancy/restructuring – substantive lawfulness of collective termination; Employment Act section 81 – duty to notify affected employees and Labour Commissioner; procedural fairness in redundancy; measure of damages for procedural breaches in dismissal; effect of consent payments on claim of wrongful termination.
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29 May 2019 |
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Unilateral re‑designation without consent amounted to breach and constructive dismissal; gratuity, general damages, notice and severance awarded.
Employment law – unilateral change of designation; breach of contract; constructive dismissal; proof and particularisation of special damages; gratuity, payment in lieu of notice (s.58) and severance (s.89) entitlements.
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24 May 2019 |
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Applicant’s judicial review improperly before Industrial Court; application dismissed for failure to follow prescribed labour referral procedure.
* Industrial Court jurisdiction – specialised tribunal; referral requirements from Labour Officer or High Court.
* Judicial review – requirement of an identifiable administrative decision or proceedings to be subject to review.
* Civil procedure – mistake apparent on the face of the record – absence of supporting documentation does not justify reinstatement.
* Labour procedure – labour disputes must follow prescribed filing and referral routes to be heard by the Industrial Court.
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17 May 2019 |
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Claimant reinstated by consent but denied salary arrears; awarded modest general damages for administrative lapse.
Employment law – reinstatement of former NAADS staff – Ministry of Public Service circular and Solicitor General advice – leave without pay – salary payable only for services rendered – mitigation of loss – administrative lapse – general damages awarded.
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10 May 2019 |
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Claimants’ summary dismissal was unlawful for denial of a fair hearing; awarded severance, general damages and interest.
Employment law – unfair/summary dismissal; right to strike and limits; Section 66 (right to hearing) and Section 68 (proof of reason) Employment Act; procedural fairness; remedy — severance calculation (one month’s salary per year), general damages; Section 78 compensation reserved to labour officer.
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10 May 2019 |
| April 2019 |
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Claimant’s undisclosed conflict of interest justified lawful dismissal, but procedural lapses warranted four weeks' pay.
Employment law – summary dismissal – conflict of interest – duty to disclose financial interest – disciplinary fairness – employer’s failure to provide investigation extracts and to accept chosen companion – Section 69(3) and Section 66(4) Employment Act – limited compensation despite lawful dismissal.
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30 April 2019 |
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Claimant's unauthorised absence justified summary dismissal, but lack of pre-termination hearing entitles four weeks' pay.
Employment law – status of worker (employee v. sub-contractor); unauthorised absence and summary dismissal under s.69 Employment Act; employer's duty to notify and afford hearing – remedy under s.66(4) (four weeks' pay).
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30 April 2019 |
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A request for contractual gratuity is not resignation; employer’s conduct forcing handover amounted to constructive, unlawful dismissal.
* Employment law – constructive dismissal – employer conduct treating a request for contractual benefits as resignation can amount to constructive and unlawful dismissal (Employment Act s65(1)(c)). * Contractual gratuity – entitlement under standing orders; qualification and calculation (10% formula). * Evidentiary burden – employee must prove salary arrears with consistent documentary evidence. * NSSF claims – employee must prove deductions were made and not remitted to fund.
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12 April 2019 |
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Voluntary early-retirement payments are not NSSF wages, but deducted PAYE not remitted must be refunded with interest and damages.
Labour law – retirement benefits – voluntary early retirement payments not wages for NSSF purposes; employee’s private right to statutory deductions enforceable; PAYE deducted but not remitted – entitlement to refund and interest following tax waiver; dismissed employees not entitled to retirement benefits.
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5 April 2019 |
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Alleged failure to evaluate evidence can be a question of law, so mixed‑grounds objections may be overruled and appeal allowed to proceed.
* Employment law – Appeals – Section 94(2) Employment Act – appeals limited to questions of law unless leave granted for questions of fact. * Appellate review – Evaluation of evidence – Failure to evaluate evidence may constitute a question of law. * Procedure – Preliminary objection alleging mixed law and fact – when to overrule. * Precedent – reliance on decisions treating improper evaluation as legal issue.
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5 April 2019 |