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Citation
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Judgment date
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| December 2020 |
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A labour officer may refer a dispute to the Industrial Court on a point of law without exhausting LADASA conciliation steps.
Labour law – LADASA ss.4, 5 – role and duties of Labour Officer – conciliation v. referral – Labour Officer may refer to Industrial Court on his own volition where a point of law arises – competence and jurisdiction of Industrial Court to hear such references.
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17 December 2020 |
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17 December 2020 |
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A late amendment to pleadings intended to circumvent a preliminary objection was dismissed as an abuse of court process.
Civil procedure – Amendment of pleadings – Order 6 r19 – discretion to amend; Preliminary objections – priority and disposal; Affidavits – deponent's authority and source of knowledge; Abuse of process – late amendments to create new cause of action.
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17 December 2020 |
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Termination without proper notice, reasons or hearing was unlawful; claimant awarded unpaid salary, severance, notice pay and general damages.
Employment law – unfair termination – redundancy procedure – notice, reasons and hearing – entitlement to unpaid salary, severance (one month per year), notice pay and general damages; jurisdiction – Workers Compensation Act claims to appropriate magistrates' court.
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4 December 2020 |
| November 2020 |
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Dismissal for alleged sexual harassment was unlawful due to insufficient proof and procedurally unfair disciplinary proceedings.
Employment law – sexual harassment – evidentiary standard for sexual harassment (messages/voice identification); disciplinary procedure – fairness of hearing, discrepancies in minutes and premature termination; remedies for unfair dismissal – severance, general damages, interest; sexual harassment committee not mandatory for disciplinary jurisdiction.
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27 November 2020 |
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Claimant voluntarily resigned; not unlawfully dismissed—limited terminal benefits (leave, house rent, gratuity) awarded, other claims denied.
Employment law – resignation and constructive dismissal – effect of a resignation letter specifying a notice period – payment in lieu where employer ends employment earlier; evidentiary requirements under Sections 59–60 Employment Act; entitlements on resignation (leave, gratuity, housing) and non-entitlement to severance or repatriation on voluntary resignation.
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10 November 2020 |
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Deliberate unauthorized leave during term time can constitute insubordination justifying lawful summary dismissal.
Employment law – Insubordination – Wilful refusal to obey a lawful and reasonable instruction – Unauthorized unpaid leave during term time; Summary dismissal – One isolated serious misconduct may justify dismissal; Disciplinary procedure – Standards of fairness and right to be heard.
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4 November 2020 |
| October 2020 |
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Summary dismissal unlawful where employer fails to investigate allegations or afford statutory hearing under the Employment Act.
Employment law – summary dismissal – requirement to prove verifiable misconduct and to comply with section 66 (notification and hearing) – employer’s duty to investigate allegations (including digital traces) – remedies for unlawful dismissal (notice pay, general damages, interest).
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30 October 2020 |
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Summary dismissal without proof of misconduct or a fair hearing is unlawful; employee entitled to notice pay and general damages.
Employment law – summary dismissal – requirement to prove verifiable misconduct and to comply with procedural fairness (Employment Act ss.66, 68, 69) – employer's duty to investigate digital/social-media allegations and particularize evidence – remedies for unlawful termination (notice in lieu, general damages, interest).
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30 October 2020 |
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Claim dismissed for want of prosecution; counter-claim disallowed for failing to constitute a separate action under Order 8 CPR.
Labour law – dismissal for want of prosecution; service through counsel; civil procedure – counter-claim requirements under Order 8 CPR; distinction between defence and counter-claim; admissibility of counter-claim where main claim dismissed.
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30 October 2020 |
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Claimant unlawfully terminated by employer; awarded salary arrears, NSSF adjustments, general damages and interest.
Employment law – constructive dismissal/termination by locking out employee – requirement for hearing under Section 66 Employment Act – unlawful termination – remedies: salary arrears, NSSF adjustments, general damages and interest – disallowance of unpleaded reliefs.
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23 October 2020 |
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Termination was unlawful because the Executive Director lacked Board authority; claimant awarded general damages, severance and interest.
Employment law – unfair dismissal – delegation of disciplinary power – Board v Executive Director under HR Manual; right to be heard/appeal to Board; recoverability of special (future) damages; severance pay entitlement; interest on awards.
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22 October 2020 |
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Summary dismissal without written charges or reasonable time to prepare breached statutory and contractual fair-hearing requirements.
Employment law – unfair summary dismissal – failure to give written charges, reasonable notice and opportunity to prepare – non-compliance with employer’s disciplinary procedure and sections 66 and 68 Employment Act – remedies: severance, pay in lieu of notice, general damages and interest.
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2 October 2020 |
| September 2020 |
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Dismissal was unfair where a manager’s instruction sought further identification and negligence was not established.
Labour law – unfair dismissal – whether manager’s instruction to “positively identify the client” amounted to authorization or negligent delegation; proof of negligence; remedies for unfair dismissal – severance, general damages, speculative future loss, discretionary benefits.
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24 September 2020 |
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Summary dismissal for falsifying inspection records was held justified and fair; claim dismissed.
* Labour law – unfair dismissal – summary dismissal for falsifying inspection records – whether misconduct amounted to a fundamental breach. * Employment Act – disciplinary procedure – requirement to notify and allow response; proof on balance of probabilities. * Evidence – reliability of GPS and weighbridge records in disciplinary inquiries. * Administrative appeal – review of disciplinary minutes versus rehearing; absence from appeal not automatically unfair.
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12 September 2020 |
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Rent arrears and leave claims dismissed for lack of proof; damages not adjudicated; outstanding settlement balance ordered paid.
* Employment law – rent arrears – claimant must adduce credible evidence; payroll records may rebut rent arrears claims.
* Employment law – annual leave – Section 54 Employment Act; teachers’ holidays are presumed to be annual leave absent evidence of application and refusal.
* Labour procedure – limits of Labour Officer’s jurisdiction – general damages not awardable by Labour Officer; cross-appeal required to challenge omission on damages.
* Settlement enforcement – court may order payment of outstanding balance of agreed settlement.
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11 September 2020 |
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A foreign arbitration clause cannot oust domestic labour jurisdiction; the respondent's jurisdictional objection is overruled under the Employment Act.
* Labour law – jurisdiction – effect of contractual foreign arbitration clause on domestic labour jurisdiction – Employment Act s27 invalidates agreements excluding statutory protections. * Labour Dispute (Arbitration & Settlement) Act – Industrial Court proceedings not subject to Arbitration and Conciliation Act. * Forum selection clauses – procedural advantage and burden on employees considered in jurisdictional assessment.
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7 September 2020 |
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Res judicata not established absent evidence of prior final decision; the dismissal claim was timely and objection overruled.
* Labour law – Preliminary objections – Res judicata – Doctrine requires evidence of a prior final determination by a competent tribunal. * Labour law – Time limits – Unlawful dismissal claims must be filed within prescribed period; duplicate/continued filings prompted by administrative mismanagement may preserve timeliness. * Costs – Personal liability of counsel for improperly raised preliminary objections without evidential basis.
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6 September 2020 |
| August 2020 |
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A court will not entertain an execution-related application until the Registrar has ruled on a notice to show cause.
Civil procedure – Execution – Notice to show cause before the Registrar – Court will not entertain related applications absent Registrar’s proceedings or ruling – File remitted to Registrar for determination.
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28 August 2020 |
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An amalgamated society succeeds to liabilities and may be substituted as defendant with leave to amend.
Civil procedure – Order 24 Rule 9 CPR – substitution of party where interest devolves during suit; Cooperative Societies Act s.25 – voluntary amalgamation transfers assets and liabilities; distinction between suits against non-existent parties and successor-in-interest substitution.
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28 August 2020 |
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A conditional stay pending appeal is granted if the applicant provides a bank guarantee covering the award plus interest.
Civil procedure – Stay of execution – res judicata/collateral estoppel does not bar successive stay applications while judgment remains unexecuted; appeal does not automatically suspend execution – protective security by bank guarantee covering award plus interest pending appeal.
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21 August 2020 |
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Stay of execution granted pending appeal on provision of a bank guarantee covering the award and interest.
Industrial Court — stay of execution pending appeal — collateral estoppel/res judicata not applicable where judgment not executed — appeal does not automatically stay execution — appropriate security: bank guarantee covering award and interest for duration of appeal.
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21 August 2020 |
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Whether a letter expressing an intention to renew a fixed-term contract, subject to appraisal, effects renewal and unlawful dismissal.
* Employment law – fixed-term contracts – effect of a letter expressing intention to renew versus actual renewal; * Contract renewal – conditional renewal subject to appraisal; * Unfair dismissal – requirement of evidence of continued employment beyond expiry; * Remedies – Labour Officer’s compensatory awards set aside where unlawful termination not established; * Relevant statutory provision: Section 65 (termination by expiry) of the Employment Act.
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21 August 2020 |
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Claimant abandoned referral by participating in adjudication; referral to Industrial Court was premature and abused process.
Labour disputes — Referral to Industrial Court under LADASA s.5; Labour Officer’s powers under Employment Act s.13; jurisdiction to award remedies — Labour Officer cannot award general damages but may refer damages issue to Industrial Court; withdrawal of referral by conduct; abuse of process and prejudice from premature reference.
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14 August 2020 |
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Summary dismissal without a fair disciplinary hearing was unlawful; employer liable for damages, leave, costs and interest.
* Employment law – wrongful/unlawful termination – requirement for fair disciplinary hearing under Sections 66 and 68 of the Employment Act.
* Natural justice – entitlement to particulars of charges and sufficient time to prepare and appear before an impartial tribunal.
* Contractual 'loss of trust' insufficient without evidence of conduct destroying confidence.
* Remedies – salary, payment in lieu of notice, contractual severance, untaken leave, general damages, costs and interest.
* Statutory interpretation – repatriation entitlement under Section 39 of the Employment Act.
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14 August 2020 |
| July 2020 |
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Review application based on allegedly recovered laptop evidence dismissed for lack of due diligence and doubtful evidence.
Judicial review – discovery of new and important evidence – Order 46 r.3 and r.1 – Section 82 Civil Procedure Act – requirement of due diligence – error apparent on face of record – credibility and continuity of recovered electronic evidence.
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30 July 2020 |
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Dismissal without formal disciplinary process and failure to revert claimant to home contract rendered termination unlawful.
Employment law — unfair dismissal: failure to accord a fair hearing under s.66 Employment Act and breach of employer's disciplinary policy; termination of international assignment does not automatically terminate home-based contract; remedies — reinstatement discretionary; award of general damages and payment of unvested share awards; interest awarded.
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24 July 2020 |
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A labelled 'volunteer' agreement can be a contract of service; an indefinite unpaid suspension amounted to unlawful termination.
* Employment law — characterization of relationship — 'volunteer' agreement may be a contract of service where substance shows employer/employee intent.
* Suspension and disciplinary procedure — Section 63 Employment Act — suspension must be with pay (half pay), limited duration; indefinite unpaid suspension can amount to unlawful termination.
* Remedies — damages for unlawful termination; payment in lieu of notice; refusal of speculative future salary claims; interest on awards; no NSSF award without proof of deductions.
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17 July 2020 |
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Failure to give reasons and a hearing before termination renders termination unlawful despite notice or payment in lieu.
Employment law – Termination v dismissal – Sections 66 & 68 Employment Act 2006 require reasons and a hearing before termination; notice/payment in lieu does not excuse failure to give reasons; section 69 summary dismissal requires proven misconduct; employee claims for NSSF remittance require proof of deductions and non‑remittance; remedies include declaration, pay in lieu, certificate of service and damages.
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17 July 2020 |
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Termination without a fair hearing was unlawful; claimant awarded unpaid wages and general damages.
Employment law – Unfair dismissal – requirement of a fair hearing under Section 66 of the Employment Act – summary dismissal under Section 69 – burden of proof in ex parte proceedings – award of unpaid wages and general damages.
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3 July 2020 |
| May 2020 |
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Industrial Court lacks jurisdiction to hear original labour causes; disputes must be referred under LADASA before interlocutory relief is sought.
Labour law – Jurisdiction of Industrial Court – Industrial Court as a reference court under LADASA – Requirement to refer disputes under Section 5 before filing original causes – Interim injunctions in labour disputes – Employment Act s67 (probationary contracts).
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5 May 2020 |
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Stay refused: applicant failed to show a pending appeal likely to succeed or irreparable loss warranting delay.
Industrial Court – stay of execution – requirements: pending appeal and real threat of execution causing irreparable loss; Notice of appeal vs memorandum/record – sufficiency contested; Precedent effect – prior Court of Appeal decision on similar issues reduces likelihood of success; Applicant’s burden to prove special circumstances.
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4 May 2020 |
| April 2020 |
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Industrial Court can apply Companies Act in labour executions, but lifting the corporate veil requires evidence of directors' fraud.
Industrial Court jurisdiction; execution of labour awards; lifting corporate veil under s.20 Companies Act; piercing corporate personality requires proof of fraud or misuse to evade liabilities; absence of assets alone insufficient.
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29 April 2020 |
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Claimants whose government posts were abolished by privatization are entitled to pension and damages; ex parte hearing valid where Attorney General was served.
* Administrative law – Government proceedings – ex parte proceedings against Attorney General where service proved but no appearance.
* Employment / Pensions – Privatization and transfer to a corporate entity – abolition of office – entitlement to pension under Pensions Act s.10(1)(c).
* Contract – failure to pay terminal benefits constituting breach and basis for damages; award of interest and costs.
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29 April 2020 |
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Labour officer may entertain late complaints due to incarceration; termination without reasons/hearing was unfair; some awards set aside.
Labour law – limitation period under section 71(2) – discretion of labour officer to entertain late complaints; fairness of termination – requirement to give reasons and hearing (sections 65, 66, 68); severance pay entitlement and calculation (sections 87, 89); compensation limits for unfair termination (section 78); wages during imprisonment (section 41); jurisdiction of labour officer to award costs.
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28 April 2020 |
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Dismissal upheld where customer-care employee refused payment, constituting a fundamental breach and lawful termination.
Labour law – dismissal for misconduct – customer service duties – refusal to receive payment as fundamental breach – fairness of disciplinary hearing under Employment Act; damages not recoverable where dismissal lawful.
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28 April 2020 |
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Summary dismissal unlawful where bank managers failed verification; employer ordered to pay outstanding salary loan and damages.
Employment law – unfair/summary dismissal – substantive and procedural fairness – disciplinary process must particularise investigation findings to employee before hearing; Duty of care – verification responsibilities – managers’ failure to verify RTGS caused loss; Loans – salary‑based loan recovery – where dismissal unlawful employer bears outstanding loan; Remedies – general damages, severance pay, interest.
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27 April 2020 |
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A worker labeled an "independent contractor" was an employee; termination without statutory process was unlawful and damages awarded.
* Employment law – determination of employment status despite contractual label – application of control, integration, economic reality and multifactor tests.
* Unlawful termination – employer’s failure to comply with sections 66 and 68, Employment Act 2006 (no reason given, no opportunity to respond, no disciplinary hearing).
* Remedies – damages for wrongful dismissal, severance pay, payment in lieu of notice; aggravated and punitive damages denied; leave claim denied for lack of evidence.
* Interest – 15% per annum on pecuniary awards from date of judgment until payment.
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24 April 2020 |
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Whether interdiction justified rescission — court found termination unlawful and awarded severance, notice pay and large general damages.
* Labour law – unlawful termination – rescission of appointment – effect of interdiction and who may lift it; disclosure obligations on application forms.
* Employment remedies – proof of special damages; entitlement to half pay during interdiction; payment in lieu of notice; statutory severance; general damages for unlawful termination.
* Pensions – entitlement under Pensions Act/Local Government Act requires qualifying continuous service (ten years).
* Interest and certificate of service – monetary awards to carry interest; employer to provide certificate of service.
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1 April 2020 |
| March 2020 |
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Review denied: alleged errors were not apparent on the record and amounted to matters for appeal, not review.
Review of judgment — scope limited to manifest error, new evidence or other sufficient reason; Review v Appeal — misapplication of law or contested factual findings are appeal issues; Industrial Court jurisdiction on appeals from labour officer — questions of law vs questions of fact and need for leave/record of appeal; Error apparent on the face of the record — must be self‑evident, not requiring investigation; Functus officio principle.
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13 March 2020 |
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Labour officer may refer damages beyond statutory limits to Industrial Court; claimant awarded UGX 35,000,000 general damages.
* Employment law – unfair and unlawful termination – labour officer may refer to Industrial Court claims for damages beyond his statutory award powers; general damages compensatory and assessed on merits; aggravated/exemplary damages require factual proof. * Procedural law – Article 126(2)(e) substantive justice over technicalities supports referral of residual issues to court.
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11 March 2020 |
| February 2020 |
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Court allowed reinstatement of a labour claim dismissed for non-prosecution after finding claimant diligent and respondent non-compliant.
Industrial/labour procedure – dismissal for non-prosecution – reinstatement – discretion of court where claimant absent due to work and counsel failed to appear – applicability of Order 17 r.4 and equitable considerations; respondent’s non-compliance with directions.
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28 February 2020 |
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Application to reinstate dismissed claim was dismissed for failure to serve notice within prescribed time under Order 5 r 1(3).
* Civil procedure – service of notice of motion – notices treated as hearing notices – Order 5 r 1(2)–(3) CPR. * Time runs from registrar endorsement; applicant must serve within 21 days or apply for extension within 15 days after expiry. * Failure to comply mandates dismissal. * Registrar’s delay does not excuse applicant’s duty to pursue service. * Preliminary points of law may be decided without affidavit in reply.
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28 February 2020 |
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The claimant's diversion and sale of promotional stock constituted a fundamental breach warranting lawful summary dismissal.
Labour law – summary dismissal; Employment Act s.69 – fundamental breach; diversion and fraudulent sale of promotional stock; admissible admission; procedural fairness unnecessary once misconduct admitted.
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28 February 2020 |
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Court dismissed application to disqualify law firm except that a partner-director likely to be a witness must not appear.
Advocates' conduct – Regulation 9 (personal involvement) – advocate compelled to recuse if likely to be a witness; firm disqualification requires specific prejudice; party alleging breach of confidentiality must prove prejudice; right to choose counsel balanced against conflict rules.
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25 February 2020 |
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Collective redundancies require four weeks’ prior notice to employees or representatives; failure renders the termination procedurally unfair.
* Employment law – Collective terminations – Section 81 – mandatory four weeks’ notice to union representatives or individual employees if non-unionized – narrow construction of exception for impracticability – procedural fairness required. * Remedies – Procedural unfairness in collective redundancy attracts compensation and payment in lieu of notice; court jurisdiction to grant labour remedies under section 96.
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24 February 2020 |
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An apology and referral to a relationship manager did not constitute negligence; dismissal for gross negligence was unlawful, remedies adjusted.
* Employment law – unfair dismissal – alleged gross negligence arising from provision of account balances and effect of apology. * Tort of negligence – duty of care, breach and proof of loss required for liability in employment context. * Procedural fairness – right to be accompanied under Section 66 and applicability of Section 62(5) timings. * Remedies under Employment Act – powers under Section 78 (compensation and severance) and limits of fines under Section 92(2).
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24 February 2020 |
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Expiry and non-renewal of fixed-term contracts lawfully terminates the applicant's employment without notice.
Employment law – Fixed-term contracts – Expiry/non-renewal as termination under s.65 Employment Act – Suspension vs dismissal – No notice or disciplinary hearing required on non-renewal.
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21 February 2020 |
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Labour officer’s ex parte award breached the appellant’s right to be heard; retrial ordered and no costs made.
Labour law; right to fair hearing – Article 28; natural justice – non‑condemnation before hearing; ex parte proceedings before labour officer; applicability of CPR to labour officer proceedings; remedy – retrial before another labour officer.
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14 February 2020 |
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Termination for restructuring was substantively justified but procedurally unfair for failure to notify the claimant individually; vehicle repair counterclaim denied.
Employment law – collective termination/downsizing – employer may restructure for economic reasons but must notify employees contemplated for termination at least one month in advance (s.81 Employment Act); procedural fairness required; counterclaim for asset repairs denied where employee not involved in damage assessment.
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14 February 2020 |