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Citation
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Judgment date
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| March 2001 |
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Court discharged the regulator as party, finding the first defendant’s attempted joinder an abuse of process and ordered costs.
Civil procedure – Joinder of parties; Abuse of process – reintroduction of matter previously dismissed; Administrative/regulatory law – necessity of regulator’s presence in declaratory proceedings concerning interconnection agreements; Declaratory relief versus appeal or fresh proceedings; Costs for interlocutory applications.
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29 March 2001 |
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Applicants failed to prove prima facie legality of their sit-in; injunction to protect negotiations was dismissed.
Civil procedure – Order 29 r.1 – interim injunction; industrial action – legality of sit-in/strike; burden to establish prima facie right; injunctions not to compel negotiations; distinct causes of action vs. grafting new matter onto pending judicial review.
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28 March 2001 |
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The respondent must pay full statutory severance for entire service; long-service awards do not offset statutory severance.
Employment law – Severance allowance – Section 35(1) Employment Act 2000 – Long Service Awards not a substitute for statutory severance – Right to fair labour practices (s.31) – Interest for delayed statutory payment.
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23 March 2001 |
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Private employer may terminate on contractual notice; constitutional administrative-law protections (Section 43) do not apply to private employment termination.
Employment law – Termination of employment by private employer – Contractual notice – Validity of Acting Chairman’s approval – Non-application of constitutional administrative-law protections (Section 43) to private master-servant terminations – Damages for loss of legitimate expectations.
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20 March 2001 |
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14 March 2001 |
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Appeal allowed where trial court misapplied evidence law and failed to consider self-defence; conviction quashed.
Criminal law – evaluation of credibility and contradiction in evidence; single witness evidence; duty to consider possible defences (self-defence/defence of another); burden on prosecution to disprove raised defences beyond reasonable doubt; appellate review of factual findings.
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13 March 2001 |