Results.
9 judgments found.
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| 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 |