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Citation
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Judgment date
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| November 2023 |
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Fixed‑term contract with a probationary period does not negate the statutory right to a hearing before dismissal.
Labour law – fixed‑term contract with probationary period vs probationary contract – right to fair hearing (Secs 66 and 67 Employment Act) – admissibility before Labour Officer – remedies for unlawful dismissal (compensation, severance, public holiday and leave pay, general damages) – interest and costs.
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13 November 2023 |
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A fixed‑term contract with a probationary period does not extinguish the employee's right to a fair hearing before dismissal.
Employment law – fixed‑term contract containing probationary clause – distinction between probationary contract and fixed‑term contract with probationary period. Labour procedure – Labour Officer not a court of record – wide procedural discretion; Evidence Act judicial notice rules not binding. Right to fair hearing – Section 66EA mandatory; Section 67EA cannot be construed to derogate constitutional right to fair hearing. Remedies – statutory compensation for failure to hold hearing, public holiday pay shortfall, severance pay, general damages and interest.
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13 November 2023 |
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Counsel’s mistake in awaiting a medical report amounted to sufficient cause to extend time and validate the dispute reference.
Civil procedure – LADASA Rule 6(1) and Section 98 CPA – extension of time to file documents – requirement of sufficient cause; Procedural fairness – solicitor’s/Counsel’s mistake or omission can constitute sufficient cause; Industrial Court jurisdiction – unfair termination claims fall within court’s competence.
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10 November 2023 |
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Industrial Court cannot extend time or validate appeals to the Court of Appeal; such power lies with the appellate court, so stay denied.
Procedural law – jurisdiction – power to extend time for appeal – extension of time and validation of notices of appeal vested in appellate court under CPA and Court of Appeal Rules. Civil procedure – stay of execution – stay requires a properly lodged and served appeal to preserve status quo. Solicitor negligence – negligence of former counsel does not confer jurisdiction on trial court to extend time for appeals governed by appellate rules.
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10 November 2023 |
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The Industrial Court lacks jurisdiction over the respondent's workers' compensation claim; that portion must be severed.
Labour law; jurisdiction—Industrial Court lacks original jurisdiction over Workers' Compensation Act claims; Magistrates' Courts have statutory jurisdiction; severance of causes of action; timeliness validated by prior extension.
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10 November 2023 |
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Industrial Court lacks jurisdiction over Workers Compensation claims; such claims must be severed and heard by magistrates' courts.
Industrial Court — jurisdiction — Workers Compensation Act — magistrates' court has original jurisdiction over WCA claims; Industrial Court has referral/appellate jurisdiction only; severance of non‑jurisdictional causes of action; unfair termination claim to proceed.
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10 November 2023 |
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Court extended time to file claim, holding counsel's mistake can constitute sufficient cause; dispute validated; no costs.
Labour procedure – enlargement of time to file pleadings; Rule 6(1) LADASA – discretionary extension; sufficient cause – mistake or omission by counsel can constitute sufficient cause; Industrial Court jurisdiction – unfair termination claims distinguished from workers' compensation matters.
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10 November 2023 |
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Court stayed damages reference pending appeal, extended time to file appeal grounds due to delayed lower record.
Employment law – Labour Officer’s limited jurisdiction to award statutory remedies – referral of non‑statutory damages to Industrial Court; Industrial Court procedure – commencement of appeal under Regulation 45 ER requires a notice of appeal listing grounds (Seventeenth Schedule); duty of Registrar/Labour Officer to furnish lower record; discretion to extend time where record delay not fault of appellant; stay of reference under section 6 CPA to avoid conflicting decisions.
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2 November 2023 |
| October 2023 |
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Mutual separation was lawful; release clauses cannot bar statutory labour remedies, claimant's further claims unproven.
Employment law – termination by mutual agreement – consent and free will; Separation Agreement – duress and coercion; Release/exclusion clauses – void if they preclude statutory labour rights (Employment Act) or access to labour officers/courts; Estoppel/approbation and reprobation – effect of signing separation deed; Remedies – future salary speculative; proof required for special/aggravated damages.
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27 October 2023 |
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The claimant was constructively dismissed when the respondent removed his office and replaced him, warranting compensation.
Employment law – Constructive dismissal – Unreasonable conduct by employer under s65(1)(c) Employment Act 2006; Procedure for termination – ss65,66,68,69,70(6); Collective/collective-termination notification obligations under s81; Remedies for unfair termination – severance (one month per year), notice in lieu, salary arrears, general damages; Burden of proof where claimant’s evidence is unchallenged.
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27 October 2023 |
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A labour complaint filed over six years after dismissal is time-barred; statutory exceptions must be pleaded to extend limitation.
Labour law – limitation of actions – six-year limitation under Limitation Act – Labour Officer’s discretion under Section 71(2) of the Employment Act constrained by Limitation Act – statutory exemptions (disability, acknowledgment, part payment, fraud, mistake) required to extend time – illegality of dismissal not sufficient without pleaded statutory exception.
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25 October 2023 |
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24 October 2023 |
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Summary dismissal without a formal disciplinary hearing was procedurally and substantively unfair; claimant awarded compensation and damages.
Employment law – unfair dismissal – procedural fairness – requirement for written notice and formal disciplinary hearing under Section 66 EA; Substantive fairness – employer must prove gross/fundamental misconduct to justify summary dismissal; Informal meetings and unrecorded admissions do not satisfy statutory hearing requirements; Remedies – statutory compensation, payment in lieu of notice, general damages, certificate of service; salary arrears, NSSF, repatriation claims require specific proof.
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23 October 2023 |
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Withholding an investigation report and failing to record an appeal rendered the dismissal procedurally and substantively unfair.
Employment law – Unfair summary dismissal – procedural fairness requires disclosure of investigation report in whistleblower cases – failure to furnish report and to record appeal outcome vitiates hearing – employer must prove genuine belief under s.68 EA – remedies: declaration, certificate of service, severance, payment in lieu, four weeks' pay for hearing breach, general damages, interest.
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13 October 2023 |
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Application to amend pleadings to add a fraud counterclaim was dismissed as dilatory, prejudicial and changing the cause of action.
Civil procedure – amendment of pleadings – principles governing amendments (not mala fide; not introduce distinct cause of action; not cause uncompensable prejudice; limitation) – labour law – Industrial Court’s jurisdiction and trial by ambush.
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13 October 2023 |
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10 October 2023 |
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Claimants’ dismissal held unfair for failure to provide investigation report and to prove alleged bribery.
Employment law – unfair dismissal – Sections 66 and 68 Employment Act 2006 – employer’s duty to disclose investigation report and prove reasons for dismissal on balance of probabilities; remedies – severance pay (one month’s salary per year of service), general damages; interest on pecuniary awards; unsuccessful claims for fines, service awards, loan recovery and future earnings.
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10 October 2023 |
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Industrial Court may apply CPR to witness statements; late rebuttal-style statements are prejudicial but may be remedied, not automatically struck out.
Labour procedure; witness statements as evidence; Order 18 Rule 5A CPR applicable where Industrial Court rules are silent; concurrent filing preserves credibility; late filings and rebuttals prejudicial and ethically impermissible; remedial discretion to allow rebuttal rather than striking out.
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5 October 2023 |
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Applicant’s employment dispute barred by the respondent’s Cooperation Agreement‑based immunity; no waiver shown, application dismissed.
International organizations — Privileges and immunities — Cooperation Agreement conferring UN‑specialized‑agency immunities — Diplomatic Privileges Act and Regulations — Official acts and inviolability of premises, archives and documents — Waiver of immunity required to permit jurisdiction.
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2 October 2023 |
| September 2023 |
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Industrial Court may hear High Court-referred judicial review challenging unlawful interdiction and grant reinstatement and arrears.
Industrial Court jurisdiction – section 8 LADASA – jurisdiction over matters referred by other courts; Judicial review – amenability where employment and disciplinary action involve public law and statutory bodies; Public Service interdiction – Regulation 38 PSC Regulations – statutory timeframes and right to appeal; Reinstatement/mandamus – discretionary remedy related to employment law (Employment Act s.71) and judicial review prerogative orders; Salary entitlements during interdiction – entitlement to at least half salary and restoration upon conclusion of proceedings; Evidence/verification – role of UNEB verification and police complaints in disciplinary process.
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27 September 2023 |
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Employee unlawfully dismissed for unproven misconduct and denied fair disciplinary process; awarded compensation, interest and half costs.
Employment law – unfair dismissal – substantive and procedural fairness under sections 58, 66 and 68 Employment Act 2006.* Employer definition – look to the economic enterprise and control, not merely corporate form; capacity to be sued despite business/contractual layers.* Evidence – unsigned minutes insufficient to prove a disciplinary hearing; employer must prove misconduct.* Remedies – notice pay, salary arrears, public holiday pay, general damages, interest and costs; severance and repatriation denied.
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27 September 2023 |
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6 September 2023 |
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5 September 2023 |
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Industrial Court has referral jurisdiction over High Court-referred labour disputes; employment claims governed by a six-year limitation.
Labour law – Industrial Court jurisdiction – referral and appellate jurisdiction under LADASA; may hear matters referred by the High Court or other law. Procedural law – referral by Labour Officer is not the exclusive route to the Industrial Court; referral by other courts valid. Limitation – Limitation Act (six years) applies to employment disputes; claims within six years are not time-barred. Preliminary objections – must raise pure points of law; factual disputes are for trial.
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1 September 2023 |
| August 2023 |
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Leave to appeal granted because a final determination on jurisdiction is required before further proceedings.
Industrial Court jurisdiction; leave to appeal; oral applications for leave competent; threshold of real prospect of success; jurisdictional questions may warrant leave to appeal before further proceedings.
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31 August 2023 |
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Court allowed amendment to add unlawful/illegal termination declarations, holding mediation disclosures confidential and awarding costs to the respondent.
Industrial/Employment law – amendment of pleadings – Order 6 Rule 19 CPR – whether amendment introduces new cause of action – mediation confidentiality under Judicature (Mediation) Rules 2013 – prejudice, delay and costs.
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30 August 2023 |
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29 August 2023 |
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Leave to appeal on questions of fact granted where applicant showed the Labour Officer’s evaluation of evidence and omitted remedies warranted appellate review.
Employment law – leave to appeal on questions of fact under Section 94(2) Employment Act – threshold: factual issues must have formed part of the Labour Officer’s decision and reasons given for re-arguing them on appeal. Civil procedure – effect of failure to file an affidavit in reply – applicant’s evidence stands unchallenged though respondent may address points of law; new evidence from the Bar not admitted on application for leave. Labour arbitration – evaluation of evidence and omission to pronounce on remedies – may constitute questions of fact or mixed law and fact warranting leave to appeal.
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29 August 2023 |
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Applicant granted leave to appeal on factual/mixed issues where the Labour Officer allegedly failed to evaluate evidence and pronounce on reliefs.
Employment law – leave to appeal to Industrial Court – section 94(2) Employment Act – appeal on questions of fact or mixed law and fact. Civil procedure – failure to file affidavit in reply – effect of unchallenged evidence and limitation to points of law. Evidence – evaluation of evidence by Labour Officer – omission to pronounce on reliefs as ground for appeal. Appeals – admission of additional/new evidence on appeal – conditions under Order 43 Rule 22 CPR.
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29 August 2023 |
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The claimant’s mutual termination upheld; awarded severance and terminal benefits but denied other damages.
Employment law – section 71 Employment Act – Labour Officer’s discretion to entertain complaints out of time; Mutual termination and effect of a signed termination letter; Jurisdiction of employer during notice period and disciplinary powers; Admission of misconduct and effect on need for disciplinary proceedings; Entitlement to severance under employer’s Human Resources Manual – calculation of severance; Requirement for strict proof of special damages.
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23 August 2023 |
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Redundancy termination without following CBA and statutory procedure was unlawful; claimant awarded severance, notice pay, damages and costs.
Employment law – collective bargaining – incorporation of Collective Bargaining Agreement into individual contract – redundancy procedure and entitlements under CBA and Employment Act. Termination – redundancy – requirement to give notice to employee/union and notify Labour Commissioner – failure to comply renders termination unlawful. Remedies – pay in lieu of notice, severance (one month per completed year), repatriation allowance, general damages, certificate of service, costs.
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23 August 2023 |
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Employer’s failure to reinstate or communicate after employee’s acquittal amounted to constructive dismissal; remedies awarded.
Employment law – Constructive dismissal – Employer’s unreasonable conduct by failing to reinstate or communicate after employee’s acquittal – breach of mutual trust and confidence. Employment law – Criminal proceedings and employment – employer may await criminal process but must act after acquittal; election to await may lead to constructive dismissal if no steps taken. Remedies – Severance, pay in lieu, basic compensatory pay, salary arrears for period of prosecution, general damages; additional compensation under s.78(2)–(3) is within Labour Officer’s discretion. Interest – monetary awards to carry interest at 19% p.a.; no order as to costs.
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21 August 2023 |
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Court finds termination unlawful and unfair; awards additional severance and general damages, denies discrimination and punitive claims.
Industrial and employment law – Termination of employment – Mutual separation requires free and final consent; lack of consent converts purported mutual termination into unfair dismissal; employer must give notice or follow disciplinary hearing procedures under the Employment Act; acceptance of terminal payments does not necessarily estop employee where acceptance was conditional; claims for future earnings are speculative and generally denied; damages for unfair dismissal include severance and general damages, interest may be awarded; discrimination claims must be proved on the balance of probabilities.
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18 August 2023 |
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An employee’s admitted unauthorised transfer of employer airtime justified summary dismissal; formal hearing not required upon admission.
Labour law – summary dismissal – unauthorised transfer of employer airtime – employee admission dispenses with need for formal disciplinary hearing – breach of duty of fidelity justifying summary dismissal under Employment Act s69(3).
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18 August 2023 |
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A claimant's admission to prohibited conduct justified lawful summary dismissal; the unfair dismissal claim was dismissed.
Employment law – Summary dismissal – Misconduct by carrying unauthorized passenger in employer’s vehicle – Admission of misconduct; Procedural fairness – Right to be heard (Section 66 Employment Act) – Admission may render formal hearing redundant; Summary dismissal justified where conduct constitutes fundamental breach (Section 69 Employment Act); Evidential effect of criminal exoneration – does not negate employment misconduct.
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18 August 2023 |
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16 August 2023 |
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Claimant's dismissal substantively justified but procedurally unfair, resulting in compensation, severance and damages.
Labour law – unfair dismissal; procedural fairness – contents of disciplinary notice, right to be accompanied, and provision of investigation/audit report; substantive fairness – employer's genuine belief and disciplinary findings; remedies – compensation, severance, notice pay, general damages, repatriation and interest.
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16 August 2023 |
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Court authorised substituted service by publication where respondents were evasive and counsel refused to accept service.
Substituted service – Order 5 Rule 18 CPR – requirement that ordinary service be impossible – process server’s affidavit – evasive respondents – Advocates (Professional Conduct) Regulations (notice to withdraw) – inherent powers of the court – substituted service by publication – ex parte proceedings – costs.
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16 August 2023 |
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Applicant granted leave to amend claim to include recovered monies; Industrial Court may adjudicate related employment monetary disputes.
Civil procedure – Amendment of pleadings – Leave to amend to enable determination of real controversy – Principles from Okello Wilbert v Obel Ronald. Labour law – Industrial Court jurisdiction – Power to adjudicate employment-related monetary claims arising from a labour dispute. Limitation – Defence remains available and may be determined at trial; does not automatically bar amendment. Amendment – Allegations of mala fides and prejudice must be established; absence of such findings supports granting leave.
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16 August 2023 |
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Summary dismissal for alleged restructuring was unlawful; claimant awarded terminal pay, severance, general and aggravated damages, interest.
Employment law – unfair and unlawful dismissal – restructuring/merger defence – employer must prove genuine reason, notify Commissioner and affected employees, and afford opportunity to be heard; failure renders termination substantively and procedurally unlawful. Terminal benefits – employer must prove lawful offsets for advances; absence of proof entitles employee to payment. Commission and allowance claims – claimant must prove completed sales and entitlement; vague or unallocated sales records fail. Remedies – payment in lieu of notice, severance, general and aggravated damages, and interest.
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7 August 2023 |
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Applicants granted leave to amend termination claim; amendment not a new cause of action; mediation confidentiality upheld; costs to respondent.
Labour law – amendment of pleadings under Order 6 Rule 19 CPR; whether proposed amendment introduces new cause of action; mediation confidentiality (Judicature (Mediation) Rules 2013) and admissibility of mediation communications; timeliness and non‑compliance with court filing directions; mala fides and prejudice as grounds to refuse amendment; costs awarded to respondent.
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3 August 2023 |
| July 2023 |
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Employee unlawfully dismissed due to procedural and substantive unfairness; awarded salary in lieu, severance and general damages.
Employment law – unfair dismissal – procedural and substantive fairness – show‑cause notice must specify all allegations and rights at hearing; requirement to produce investigation reports and disciplinary minutes – remedy where reinstatement impracticable: severance and damages. Pleadings and admissions – admissions in reply constrain parties despite general traverses. Repatriation and statutory contributions claims require proof. Malicious prosecution claim not maintainable in labour forum.
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7 July 2023 |
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7 July 2023 |
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Stay pending appeal is premature where no imminent execution (warrant or show-cause notice) has been issued.
Civil procedure – Stay of execution pending appeal – requirements: likelihood of success, irreparable loss, no undue delay, imminent threat of execution – demand letters insufficient to show imminent execution.
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5 July 2023 |
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Unlawful dismissal where PIP and appraisal were premature and unfair amid COVID-19 without adequate employer support.
Employment law – unfair dismissal for poor performance; performance improvement plan (PIP) – requirements for fairness, SMART targets, employer support and reasonable probation period; impact of COVID-19 and lender policies on performance assessments; remedies for unlawful termination (general damages, payment in lieu, interest).
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4 July 2023 |
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A signed fixed‑term one‑month contract is enforceable; oral promises to extend it are inadmissible and expiry is not unlawful.
Employment law — fixed‑term contracts; one‑month contract lawful where agreed by parties; parole evidence rule/Evidence Act — written contract confines terms; termination by effluxion of time requires no notice or hearing; employee bears burden to prove oral variation.
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3 July 2023 |
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3 July 2023 |
| June 2023 |
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30 June 2023 |
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Interim injunction granted restraining bank from selling mortgaged property pending resolution of the labour-related dispute.
Interim injunctions – preservation of status quo pending substantive labour reference; affidavit evidence by advocate – admissibility when instructed and within knowledge; forum shopping – not automatically fatal where causes differ; property registered title vs possession – effect on interim relief; Industrial Court jurisdiction over employment-related and ancillary claims.
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27 June 2023 |
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Constructive dismissal not established where claimant absconded and salary lawfully withheld for unauthorized absence.
Employment law – constructive dismissal – claim for wrongful/constructive dismissal fails where employee absconds from duty and disciplinary action is justified. Evidence – claimant must prove salary increases and non-payment with bank statements or clear payroll records; loan credits do not substitute for salary proof. Public Service Standing Orders and Employment Act s.41(6) – employer may withhold pay for unauthorised absence and take disciplinary measures.
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23 June 2023 |