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Citation
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Judgment date
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| January 2025 |
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Applicant’s late appeal and validation application denied: delay was inordinate, record not required to file Notice of Appeal; costs awarded to respondent.
Labour law – appeals – extension of time to file Notice of Appeal; procedure – requirement (or not) of certified record of proceedings before filing Notice of Appeal; negligence of counsel and delay; rule 76/79 Judicature (Court of Appeal) Rules; judicial discretion under rule 5 to extend time.
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31 January 2025 |
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Dismissal found procedurally and substantively unfair; employer not liable for employee’s bank loan; remedies awarded.
Labour law – unfair dismissal – procedural fairness: adequate notice, particulars, reasonable time to prepare and right to be heard; failure to follow internal HR disciplinary procedures; substantive fairness – employer must prove gross misconduct to reasonable standard; remedies – severance, unpaid suspension pay, general damages, interest and costs; employer not liable for employee’s bank salary loan absent clear guarantor obligation.
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30 January 2025 |
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Summary dismissal upheld as procedurally and substantively fair; only conceded half-pay during suspension awarded with interest.
Employment law – summary dismissal – procedural fairness under Section 65EA and Ebiju principles – investigative suspension not a disciplinary penalty – suspension beyond four weeks does not automatically amount to termination where investigations continue and a hearing follows – substantive fairness requires employer’s genuine belief in misconduct – remedies limited to conceded suspension pay with interest.
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29 January 2025 |
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Dismissal for alleged poor performance was unlawful due to lack of proved PIP and failure to afford a hearing.
Employment law – unfair dismissal – poor performance – requirement to notify, hear and provide opportunity to improve (Sections 65 & 67 Employment Act) – proof of performance improvement plan – severance eligibility – award of general damages and interest.
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27 January 2025 |
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Salary reductions lacked required employee notice but were substantively justified by government harmonisation policy, awarding modest damages.
Employment law – variation of wages – procedural fairness (notice and consent) – substantive justification by public pay policy and ministerial harmonisation directives – remedies: general damages but no restoration or exemplary damages.
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27 January 2025 |
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Summary dismissal without proof of misconduct or a hearing was both substantively and procedurally unlawful, warranting damages and costs.
* Employment Law – unfair/summary dismissal – employer must prove reason for dismissal and give the employee a hearing (Employment Act ss.65,67; ILO C158; Art.28 Constitution).
* Evidence – employer must adduce proof of alleged misconduct; mere allegation insufficient.
* Remedies – wrongful termination: general and aggravated damages, interest and costs; severance pay not payable where service under statutory threshold.
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27 January 2025 |
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Public servant posted to a school was employed by Government, not the school; forced leave did not amount to unlawful termination.
Employment law – public servants posted to government-aided schools; distinction between appointing employer (Government/local authority) and supervising Board of Governors; forced leave/suspension v. dismissal; payroll deletion by appointing authority; remedies and costs in labour disputes.
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24 January 2025 |
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An employment claim against a local government filed decades after dismissal is jurisdictionally time-barred under the CP&LMPA.
* Civil procedure – Limitation – Section 3(2) Civil Procedure & Limitation (Miscellaneous Provisions) Act – three-year limitation for actions against Government or local authority – time-barred employment claims.
* Employment law – Labour Officer’s discretion to extend time – cannot extend beyond statutory limitation periods.
* Jurisdiction – limitation as jurisdictional bar; matters extinguished by limitation cannot be entertained.
* Res judicata – moot where limitation disposes of the case.
* Procedural law – preliminary objections on limitation may be raised before appellate or subsequent courts.
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23 January 2025 |
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Claimants’ demand for U7 pay dismissed; employer’s correction to U8 upheld, no arrears or damages awarded.
Employment law – Public Service appointments – salary scale determined by approved and costed establishment and MOPS instructions; correction of appointment errors by public authorities permissible; salary arrears not recoverable where employee was paid under corrected scale; dismissal and damages require proof of termination and actual loss.
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21 January 2025 |
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Court struck out late affidavit in reply and granted leave to amend claim for ancillary remedies arising from alleged unlawful termination.
* Civil Procedure – Amendment of pleadings – Order 6 Rule 19 – amendments permitted to determine real questions in controversy but not to substitute a distinct cause of action.
* Civil Procedure – Interlocutory procedure – Order 12(3)(2) – mandatory timelines for service and filing of replies; late affidavits without leave may be struck out.
* Labour law – Industrial Court jurisdiction – power to adjudicate ancillary and consequential remedies arising from labour references to avoid multiplicity of suits.
* Principles – amendments must not occasion injustice, must be in good faith, and not be expressly/prohibited by law.
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20 January 2025 |
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Respondent not in contempt where funds were paid before any binding order; mediation directives lacked injunctive force.
Contempt of court — elements: existence of a clear order, knowledge by alleged contemnor, willful disobedience; mediation directives v. adjudicative orders — mediation directives lack injunctive effect; interim attachment — timing of payment relative to registrar’s order; vacatur of an improperly made per curiam order.
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20 January 2025 |
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Employer unlawfully dismissed employee by failing to hold a disciplinary hearing; awards include NSSF, severance, damages and costs.
Employment law – unfair and unlawful dismissal – procedural fairness – right to written notice and disciplinary hearing – probation does not negate right to be heard – employer must follow own HR procedures – entitlement to statutory compensation, severance, unpaid NSSF, general damages, interest and costs.
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20 January 2025 |
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The claimant failed to prove termination; court found abscondment/self-termination and dismissed the unfair termination claim.
Employment law — unfair termination — burden on employee to prove termination — distinction between termination (no-fault) and dismissal (for misconduct/performance) — verbal insults alone insufficient without corroboration — claim dismissed where termination not established.
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16 January 2025 |
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Redundancy dismissals were unlawful for failure to give proper written notice/consultation; modest general damages awarded.
Employment law – redundancy – statutory notification and consultation requirements – town hall announcement insufficient – late evidence expunged – discretionary bonus not payable – severance paid considered in damages assessment.
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16 January 2025 |