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Citation
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Judgment date
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| 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.
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.
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 |
| November 2019 |
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Dismissal was procedurally and substantively unfair; inadequate notice, biased appeal, employer failed to prove a valid reason.
Employment law – unfair dismissal – procedural fairness (adequate notice, particulars, right to be heard) – natural justice and bias in internal appeals – employer's onus to prove valid reason – remedies: compensation and severance.
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18 November 2019 |
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Employer failed to prove alleged fuel siphoning or conduct a reasonable investigation; dismissal held unfair and damages plus statutory terminal benefits ordered.
Employment law – unfair dismissal – employer bears burden to prove dismissal fair – reliance on vehicle tracking reports insufficient without adequate investigation or physical evidence – entitlement to damages and statutory terminal benefits.
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6 November 2019 |
| October 2019 |
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Applicant’s dismissal for alleged fuel theft held lawful; claims for unfair dismissal and terminal benefits dismissed.
Employment law – unfair dismissal – Employment Act ss.57, 58, 61 – employer’s burden to justify dismissal – anonymous tip-off and fuel-consumption evidence – disciplinary hearing and right to be heard – payment of terminal benefits evidenced.
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29 October 2019 |
| September 2019 |
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Dismissals held unfair due to multiple procedural breaches in the employer's disciplinary and appeal processes.
Employment law – unfair dismissal – disciplinary procedure – investigator participating on disciplinary panel – insufficient particulars in charges – improperly constituted disciplinary and appeal committees – procedural fairness required under Employment Act and employer's Disciplinary Policy.
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20 September 2019 |
| August 2019 |
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Dismissal procedurally unfair for lack of hearing; applicant awarded six months' pay, no additional terminal benefits.
Labour law — disciplinary versus criminal proceedings — acquittal not necessarily dispositive in workplace discipline; procedural fairness — right to be heard before dismissal; remedies — reduced/nominal compensation where employee contributed to dismissal; terminal benefits — receipts as evidence of payment.
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23 August 2019 |
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Employer failed to prove valid reason or fair procedure; dismissal declared unfair and respondent ordered to pay compensation and terminal dues.
Employment law – unfair dismissal – burden on employer to prove valid reason and procedural fairness – contradictions in disciplinary record and caution statement – entitlement to compensation and terminal benefits.
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15 August 2019 |
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A casual labourer released during a slack period was not unfairly dismissed; respondent must pay six days' wages if unpaid.
Employment law – casual worker v. permanent employee – definition of casual work – unfair dismissal – recall after slack period – entitlement to wages for days worked
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13 August 2019 |
| July 2019 |
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Fixed-term security guards failed to prove entitlement to severance, separate housing allowance, salary arrears or holiday overtime.
Employment law – severance pay – fixed-term contracts – s35(7) Employment Act; housing allowance incorporated into salary by government directive; minimum-wage adjustments and salary arrears; public-holiday work compensated by substitute leave; burden of proof on claimant.
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17 July 2019 |
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An acquittal in criminal proceedings does not automatically make a dismissal unfair; employers may proceed with disciplinary hearings concurrently.
Labour law – Disciplinary versus criminal proceedings – Parallel and concurrent processes permissible; Acquittal in criminal court not determinative of disciplinary outcome; Natural justice – right to be heard and waiver by non-attendance.
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2 July 2019 |
| June 2019 |
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Non-renewal of fixed-term contracts by effluxion of time does not entitle employees to severance allowance.
Employment law – Fixed-term contracts – Termination by effluxion of time; Non-renewal not dismissal; Severance allowance under section 35 limited to redundancy/retrenchment; Interaction with Pension Act on accrued severance liabilities; Claim for withheld wages where non-renewal notified.
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27 June 2019 |
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Failure to lawfully extend probation and afford written notice led to procedural unfairness and an unfair dismissal remedy.
Employment law – probationary period – employer must agree and properly communicate extensions; failure implies confirmation. Procedural fairness – right to written notice of charges and an opportunity to be heard. Unfair dismissal – employer bears evidential burden to prove misconduct on balance of probabilities
Remedy – damages for unfair dismissal
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13 June 2019 |
| May 2019 |
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Employer failed to substantiate misconduct and breached procedural fairness; dismissal declared unfair and remedies ordered.
"Employment law – unfair dismissal; burden on employer to prove valid reason; procedural fairness – disclosure, right to confront accuser; impartial disciplinary tribunal; entitlement to damages, notice pay, severance and repatriation."
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3 May 2019 |
| April 2019 |
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Whether summary dismissal for alleged supervisory negligence and stock losses was fair and what remedies are payable.
Labour law – unfair dismissal – summary dismissal for serious misconduct; validity of reason and opportunity to be heard; entitlement to notice pay, severance, overtime and pension.
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10 April 2019 |
| March 2019 |
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Whether converting paid study leave to unpaid and deleting an employee from payroll breached contract and constituted unfair labour practice.
Employment law – Terms and Conditions of Service – study leave (paid v unpaid) – unlawful retrospective amendment – unfair labour practice – housing allocation – payroll/salary arrears.
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28 March 2019 |
| January 2019 |
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Employer failed to show valid, procedurally fair dismissal; employee entitled to compensation and recalculation of overtime.
Employment law — unfair dismissal (substantive and procedural fairness) — employer bears burden to prove valid reason for dismissal; Overtime — statutory overtime entitlements unenforceable by oral waiver; court orders recalculation of overtime.
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18 January 2019 |