Results.
67 judgments found.
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| April 2026 |
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Acting Director General’s involvement in disciplinary steps created conflict and rendered dismissal procedurally unfair.
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Employment law
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— Procedural fairness in disciplinary proceedings — Whether appellate officer’s prior involvement in preliminary disciplinary acts renders dismissal unfair — Employment Act s 61(2)
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— Internal policies — Authority to suspend — Interpretation and breach of Conditions of Service clause 11.5.3.2
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— Right to fair hearing — Disclosure of evidence and ambush — Duty to inform accused of case against them
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24 April 2026 |
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Whether a service recipient can be liable as employer despite contractor agreements where significant factual disputes exist.
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Labour law
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— Procedure — Disposal on point of law — Whether summary determination appropriate where material factual disputes exist
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— Employment — Joint employment / employer de son tort — Whether a service recipient can be treated as employer despite written contractor agreement — Parol evidence and Section 71(2) Labour Relations Act
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24 April 2026 |
| March 2026 |
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A fixed-term contract ended on its date; withholding the applicant’s terminal benefits was unlawful absent a statutory deduction.
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Employment law — fixed-term contract — termination by effluxion of time — tacit renewal; withholding of terminal benefits — Employment Act ss 52 & 56 — permissible deductions limited to restitution for property damaged by employee; procedural fairness and adequacy of disciplinary findings; criminal acquittal corroborating civil/disciplinary insufficiency
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25 March 2026 |
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Overtime claims predating 7 September 2016 dismissed as statute-barred; only 2016–2022 period survives.
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Limitation law — section 4(1)(a) Limitation Act — contractual causes accrue at breach; continuing-breach doctrine not recognised in Malawian Limitation Act; period of six years applies to contract claims; pleadings — requirement of clarity and particularity in IRC proceedings; strike-out or amendment remedies available
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25 March 2026 |
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Redundancy dismissals without meaningful consultation are unfair; affected employees are entitled to compensation.
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Labour law — redundancy and operational requirements — duty to consult — fairness and equity in retrenchments — evidential burden on employer to show consultation and objective selection criteria — entitlement to compensation under s63(1)(c)
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25 March 2026 |
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The court declined to assess the applicant's compensation because the deputy chairperson's award was unreasoned and legally defective.
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25 March 2026 |
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Applicant unfairly dismissed due to procedural ambush and absence of documentary evidence supporting alleged misconduct.
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Employment law — unfair dismissal — procedural fairness: right to know particulars and evidence — substantive fairness: need for documentary proof in stock/reconciliation disputes — burden on employer to justify dismissal
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25 March 2026 |
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Applicant's resignation was voluntary; constructive dismissal, severance and terminal-due claims were dismissed.
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Employment law — Constructive dismissal — resignation shortly after filing grievances; burden on employee to prove repudiatory conduct; timing of resignation; pension under-remittance due to former accountant's fraud and employer remediation; discrimination requires comparator evidence; late-raised PPE and loan-deduction complaints cannot ground constructive dismissal
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20 March 2026 |
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Delay, lack of urgency, prejudice and security concerns defeated applicants' bid to restore discharged interim relief; pre-hearing conference ordered.
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Labour law — interim relief — restoration of discharged urgent interim order — delay and lack of urgency; non-appearance of respondent and unadopted opposing papers; prejudice and security considerations at State Residences; case management — pre-hearing conference; possible disposal on point of law
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2 March 2026 |
| February 2026 |
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Parties must exhaust internal church remedies and arbitration; court cannot grant reinstatement as urgent interim relief.
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Employment dispute — arbitration clause — enforceability despite contract expiry — requirement to exhaust internal (church) remedies including Synod/General Assembly — court lacks jurisdiction to grant reinstatement as urgent interim relief
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9 February 2026 |
| January 2026 |
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5 January 2026 |
| December 2025 |
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Employer’s failure to consult before retrenchment rendered dismissal unfair; severance and limited salary arrears awarded, other claims dismissed.
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Employment law — unfair dismissal for operational requirements — duty to consult employees before retrenchment — entitlement to compensation for unfair dismissal — statutory formula for severance pay — proof required for salary arrears, allowances and pension claims.
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12 December 2025 |
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Applicant’s resignation did not amount to constructive dismissal; respondent’s counterclaim of K445,598.00 awarded.
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Employment law — Constructive dismissal — Burden on employee to show employer’s conduct unreasonable; failure to follow internal grievance procedures; credibility and evidence required to prove repudiatory breach.
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12 December 2025 |
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Assistant Registrar’s inflated assessment varied to statutory minima; pension award and 50% uplift set aside.
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Employment law — Assessment of compensation for unfair dismissal — Application of section 63(4) and (5) Employment Act — Use of salary at date of dismissal — Assessing court must not award beyond years of service — Assessing court must respect terms of liability judgment — Employer pension not assessable absent remit — Boosting (uplifting) awards and effect of employee contributory fault.
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12 December 2025 |
| November 2025 |
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Non-renewal of fixed-term contracts on expiry is not unfair dismissal where discretionary renewal and project-linked funding apply.
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Employment law — fixed-term contracts — termination by effluxion of time — section 28(2) Employment Act — discretionary renewal clause — section 28(3) conversion to unspecified-term contracts — distinction between core and support functions — unfair dismissal and unfair labour practice claims.
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28 November 2025 |
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Whether retiring employees are entitled to pension (per Pension Act and Circular B) rather than gratuity.
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Pension law — obligation to provide pension under Pension Act — administrative circulars v. statutory law — Circular A (2017) not lawfully displacing statutory pension rights — Circular B (2019) applicable for computing pension-equivalent benefits — entitlement to pension (10% employer contribution applied over employment) rather than gratuity — Industrial Relations Court jurisdiction to determine discrimination-linked labour claims.
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28 November 2025 |
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Fixed-term contract expired by effluxion of time; termination not unfair dismissal and all claims dismissed.
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Employment law — Fixed-term contracts — Effluxion of time terminates contract — Not unfair dismissal; Employment Act — fixed-term contracts excluded from severance and notice pay; Burden and standard of proof in civil claims — balance of probabilities; Evidential proof of payment — payslips, terminal benefits receipt and pension statements; Discretionary bonuses and statutory pension claims procedure (Pension Act s.62).
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28 November 2025 |
| October 2025 |
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Applicants awarded salary-difference and lump-sum damages for unfair labour practices and excessive workload; respondent ordered to produce salary scales.
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Employment law — Unfair labour practices — Overloading interns with work of higher grade — Remedy: salary-difference comparator to Staff Associates, lump-sum damages; court-ordered disclosure of comparator salary progression; no notice pay awarded.
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2 October 2025 |
| April 2025 |
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Non-renewal of seasonal contracts is not unfair dismissal where seasonal employment ended and terminal benefits were paid.
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Employment law — Seasonal employment — Section 43 (continuous seasons) — Unfair dismissal burden under s61 — Non-renewal of seasonal contracts not unfair dismissal where contracts end and terminal benefits paid.
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11 April 2025 |
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Court stayed disciplinary processes and dismissal pending trial given triable issues over tribunal competence and executive authority.
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Industrial Relations Court — Interim relief — Stay of disciplinary proceedings pending trial; Unfair dismissal — Competence of disciplinary tribunal in absence of sitting board; Authority of corporate officers vis-à-vis MEMARTS; Risk of prejudice and reinstatement remedy.
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1 April 2025 |
| November 2024 |
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Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
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Employment law — redundancy and retrenchment — s.57(1) Employment Act — duty to consult where employer’s terms/policy require it — relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines — procedural fairness, meaningful consultation and use of proper evidence — unfair dismissal and compensation.
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1 November 2024 |
| June 2024 |
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Employee unfairly dismissed due to procedural bias and defective charges; awarded compensation, severance and notice pay.
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Employment law — Unfair dismissal — Procedural fairness and natural justice — Investigator sitting on disciplinary panel (bias) — Insufficient particulars in charges — Employer’s burden to prove valid reason and act with justice and equity — Compensation and severance calculations — Bonus eligibility.
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24 June 2024 |
| May 2024 |
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Dismissal for negligently authorising suspect cheques and poor supervision was substantively and procedurally fair.
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Employment law — unfair dismissal; supervisory duty and record-keeping in banking; negligence/recklessness in authorising cheques; procedural fairness in disciplinary hearings; discrimination and proportionality of dismissal.
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3 May 2024 |
| March 2024 |
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Assessment of compensation for unfair dismissal: five months’ pay per year, pension, and 200% boost for inflationary devaluation.
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Employment law — Unfair dismissal for non‑hearing (s57, s58 Employment Act) — Compensation assessment (s63(4) & s63(5)) — Years of service post‑privatisation — Employer pension contributions — Boosting awards for devaluation/inflation.
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26 March 2024 |
| February 2024 |
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Court dismissed motion to restore stay where respondent failed to prosecute appeal and counsel cited no law, awarding costs to applicants.
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Civil procedure — stay of execution pending appeal — prolonged failure to prosecute appeal — court's power to set aside irregular steps (Rule 25(k)) — requirement to cite governing law in motions.
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27 February 2024 |
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Court awarded one month’s pay per year, doubled for devaluation, and rejected unproven bonus claims.
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Employment law — Unfair dismissal — Assessment of compensation under s63(4) and (5) Employment Act — One month’s pay per completed year awarded — Claim for 2018 bonuses failed for lack of evidence — 100% uplift granted for currency devaluation and inflation.
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20 February 2024 |
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Applicant proved entitlement to withheld wages, leave, overtime and pension; court awarded principal plus interest totalling MK801,738.71.
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Employment law — withholding of wages and terminal benefits — entitlement to unpaid leave, overtime, wages and pension contributions; burden of proof on balance of probabilities where respondent absent; interest awardable on wrongfully withheld terminal dues (s.53 Employment (Amendment) Act 2010).
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20 February 2024 |
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Assessment of unfair dismissal compensation using current salary to preserve purchasing power; partial contribution reduces award; severance computed accordingly.
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Unfair dismissal — procedural fairness — denial of right to confront witnesses; Compensation under s.63(4)–(5) Employment Act; Use of current salary to preserve purchasing power; Partial employee contribution reduces award; Severance computation under First Schedule and s.35(2); Appeal does not stay award — 50% payment pending appeal.
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20 February 2024 |
| January 2024 |
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Employer must consult employees before retrenchment; ministerial forced leave without consultation amounted to unfair dismissal and unfair labour practices.
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Labour law — retrenchment — duty to consult employees before operational dismissals — Ministerial directive without Board authority — unfair dismissal; unfair and unsafe labour practices — compensation assessment.
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29 January 2024 |
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Respondent’s internal negligence or poor communication does not justify setting aside a default judgment or staying its execution.
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Industrial Relations Court — default judgment — service of process — setting aside default judgment — stay of execution pending appeal — burden to show special circumstances — internal negligence not sufficient — assessment of compensation to proceed.
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17 January 2024 |
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Stay of execution pending appeal denied for lack of special circumstances and misleading conduct; costs awarded; enforcement ordered.
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Civil procedure — Stay of execution pending appeal — applicant must show special circumstances; duly served party’s non-attendance and misleading affidavits negate entitlement to stay; costs may be awarded where motion is frivolous or dilatory.
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2 January 2024 |
| December 2023 |
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Dismissal for mis‑posting and failure to account held substantively and procedurally fair; dismissal not unfair.
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Employment law — Unfair dismissal — substantive fairness: mis‑posting and failure to account for customer deposits; banks’ statutory duty; procedural fairness — notice and representation; burden shift under s61 Employment Act; s57 valid reason for dismissal.
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24 December 2023 |
| September 2023 |
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Dismissal unfair where employer failed to prove misconduct and denied procedural fairness.
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Employment law — unfair dismissal — substantive fairness (insufficient and ambiguous evidence of misconduct) — procedural fairness (failure to disclose evidence, lack of particularity of charges, inability to cross-examine accuser, potential bias of panellist) — burden on employer under s.61 Employment Act.
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25 September 2023 |
| August 2023 |
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Statutory compensation under s.63, not common‑law damages, governs unfair dismissal awards; upward departures require clear, justifiable reasons.
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Employment Act s.63 — statutory compensation for unfair dismissal; distinction from common‑law damages; s.63(5) minima based on remuneration and years of service up to dismissal; s.63(4) just and equitable uplift—must be justified; improper use of immediate/future loss heads; review powers under r.5A(2).
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17 August 2023 |
| July 2023 |
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Applicants unfairly dismissed without a hearing; court awarded full remaining-contract compensation and severance under section 63(4).
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Employment law — unfair dismissal — procedural fairness (audi alteram partem) — section 57 (grounds for termination) — section 63(4) and (5) (compensation framework) — discretion to depart from statutory minima — severance for prior service.
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24 July 2023 |
| February 2023 |
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Application to set aside interim half-pay order dismissed; delay and non-service not fatal; interim relief not substantive.
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Industrial relations — Interim relief under IRC Rule 25(1)(m) — setting aside interlocutory orders — delay and non-service — distinction between interlocutory relief and substantive relief.
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22 February 2023 |
| October 2022 |
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Assessment of pension and accrued leave after default judgment; uncontroverted evidence and statutory rules determine compensation.
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Industrial Relations Court — assessment of compensation after default judgment — uncontroverted evidence due to respondent's non‑attendance — pension contributions (Pensions Act 2011, 10% employer minimum) — accrued leave pay — just and equitable compensation (Employment Act s63) — currency devaluation adjustment — costs awarded.
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18 October 2022 |
| February 2022 |
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Court awarded limited compensation for personal loss of vehicle use, rejecting unpleaded pension and salary claims.
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Employment law — unfair labour practice — assessment of compensation — importance of pleadings — unpleaded claims excluded — quantification of loss of use of official vehicle.
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24 February 2022 |
| March 2021 |
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The court found both dismissals unfair for lack of substantiated reasons and inadequate investigation, awarding compensation.
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Employment law — unfair dismissal — burden on employer under section 61(1) — substantive and procedural fairness — Burchell/Polkey investigative standards — summary dismissal and reasonable suspicion.
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10 March 2021 |
| November 2020 |
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Dismissal unfair: employer failed to prove misconduct and denied the employee a meaningful opportunity to call witnesses; compensation ordered.
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Employment law — unfair dismissal — burden of proof on employer — right to a meaningful hearing and to call witnesses — insufficient evidence linking employee to alleged theft — compensation assessment by Registrar.
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16 November 2020 |
| October 2020 |
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Dismissal for alleged loss of equipment was unfair because employer failed to consider mitigating factors; compensation ordered to be assessed.
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Employment law — unfair dismissal — employer’s burden to prove substantive and procedural fairness — consideration of mitigating factors (length of service, past record, recovery of property) — compensation under s.63 Employment Act.
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23 October 2020 |
| July 2020 |
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Review court affirmed five‑month damages for unfair dismissal, rejected 24‑month claim, and added five months’ allowances.
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Employment law — unfair dismissal — compensation under s.63 Employment Act — measure of damages is prima facie earnings subject to mitigation — fixed‑term contracts — employment not for life — inclusion of allowances/fringe benefits in compensation — review of Registrar’s assessment under Rule 5A(2).
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31 July 2020 |
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The applicant failed to discharge the burden of proof for terminal benefits; Labour Office calculations alone were inadequate.
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Employment law — terminal benefits — burden of proof on employee to prove leave pay, gratuity, notice pay and service allowance; Labour Office calculation sheets insufficient without evidential foundation; signed acknowledgements of payments relevant to claim.
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29 July 2020 |
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Short notice, added charge and denied cross-examination rendered the dismissal procedurally unfair; damages and severance ordered.
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Employment law — unfair dismissal; natural justice and procedural fairness — adequate notice to prepare, particularisation of charges, right to cross-examine adverse witnesses; unproven allegations cannot ground summary dismissal; damages and severance to be assessed.
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28 July 2020 |
| May 2020 |
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Employer may deduct for shortages but must give prior written notice and an opportunity to be heard before deducting terminal benefits.
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Employment law — Deductions for shortages — Restitution from terminal benefits; Procedural fairness — Right to be heard and written reasons — Constitution ss. 43 & 31; Lawful entitlement to deduct does not excuse failure to follow natural justice; Pension protection from deduction (limited).
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22 May 2020 |
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Employee unfairly dismissed due to procedural defects and apparent bias; awarded compensation, other claims dismissed.
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Employment law — unfair dismissal — section 57 Employment Act — procedural fairness (notice, particulars, reasonable time, right to call and cross‑examine witnesses) — apprehended bias of decision‑maker — remedies: compensation, notice pay, severance, pension contributions.
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19 May 2020 |
| April 2020 |
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Claim for unfair dismissal dismissed where contract was frustrated by employee's mental incapacity and resignation precluded notice pay.
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Employment law — Unfair dismissal — Frustration of contract by employee incapacity (mental illness) — Resignation following disciplinary process — Entitlement to notice pay.
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30 April 2020 |
| January 2020 |
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Employer failed to substantiate gross-negligence dismissal; termination unfair and compensation ordered, repatriation costs reserved for assessment.
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Labour law — unfair dismissal; employer’s evidential burden under s.61(1) Employment Act; justice and equity requirement under s.61(2); supervisor liability for subordinate actions; disciplinary procedure and procedural fairness; repatriation costs reserved for assessment.
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20 January 2020 |
| December 2019 |
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Substantive reason for dismissal proven but procedural breaches (no written charges, no proper appeal) rendered the dismissal unfair, entitling remedies.
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Employment law — unfair dismissal — substantive validity of reason (negligence) established but procedural fairness breached — failure to give written charges and hold proper appeal — compensation and severance payable.
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10 December 2019 |
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Summary dismissal for gross negligence (sleeping on duty) upheld where employer afforded hearing and relied on prior warnings.
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Employment law — Summary dismissal — Gross negligence (sleeping on duty) — Burden on employer to prove reason on balance of probabilities — Right to be heard — Prior warnings relevant to fairness — Sections 57, 59, 61 Employment Act.
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4 December 2019 |