Results.
9 judgments found.
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| November 2003 |
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Aggravated damages awarded for front‑page libel imputing criminality and causing serious reputational and financial harm.
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Defamation (libel) — assessment of damages — aggravated damages — front‑page publication — imputations of criminality — absence of apology — special damages (travel) — costs
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30 November 2003 |
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Wrongful premature retirement entitles the plaintiff to gratuity, pension, salary arrears and leave grant for lost service.
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Employment law — wrongful premature retirement — entitlement to gratuity, pension, salary arrears and leave grant; quantum assessment; unchallenged evidence; Chawani v Attorney General
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30 November 2003 |
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Court may revive an action dismissed for breach of an 'unless' order where non-compliance was due to extraneous solicitor delay.
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Civil procedure — 'unless' orders — court's power to revive or extend time after dismissal — discretionary exercise where failure due to extraneous circumstances — stringent terms and costs
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30 November 2003 |
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Ex parte injunction and leave for review discharged: ACB lacks capacity to be sued; non-disclosure and wrong party sued.
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28 November 2003 |
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Unpleaded trial evidence of a stationary vehicle cannot be used to establish contributory negligence; defendant held vicariously liable.
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Negligence — duty of care — breach causing personal injury; Contributory negligence — requirement that facts supporting the defence be pleaded; Pleadings — admissibility of evidence first raised at trial; Vicarious liability — employer liable for servant's negligence; Remittal for assessment of damages.
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21 November 2003 |
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A contractual termination may be constitutionally unfair if employer denies reasons and a fair opportunity to answer misconduct allegations.
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Constitutional labour rights — fair labour practices and natural justice in termination — ILO Termination of Employment Convention as part of domestic law — requirement to give reasons and opportunity to answer where misconduct alleged — remedies under section 46 (compensation, possible reinstatement)
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20 November 2003 |
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Section 31 constitutional right to fair labour practice creates a compensatory remedy for unfair dismissal, distinct from common-law damages.
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Constitutional law — right to fair labour practice (s.31) — unfair dismissal remedy distinct from common law — compensation principles modelled on Norton Tool Co v Tewson: notice/earnings loss, manner of dismissal, future earnings, loss of severance; political discrimination in dismissal unlawful
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20 November 2003 |
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Termination by notice without investigation or hearing can be unfair; employers must afford procedural fairness before dismissal for misconduct.
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Employment law — wrongful/unfair dismissal — implied natural justice in employment contracts — procedural fairness required before dismissal for misconduct — Constitution s31 (fair labour practice) — Employment Act s57 and Termination of Employment Convention — remedy: equitable compensation (one month’s pay per year served)
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20 November 2003 |
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Overseas transfer was a secondment; redundancy pay must include combined Malawi and Kenyan remuneration; plaintiff awarded costs.
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Employment law — transfer/secondment v termination — continuity of employment — redundancy/severance pay calculation — inclusion of overseas salary and allowances — full and final settlement — estoppel — parent/subsidiary corporate arrangements
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20 November 2003 |