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Citation
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Judgment date
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| December 2023 |
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Dismissal for mis‑posting and failure to account held substantively and procedurally fair; dismissal not unfair.
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.
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.
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).
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.
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 |