Results.
32 judgments found.
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| June 2026 |
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Whether two unpaid hours in 12‑hour security shifts were payable where guards remained responsible for their posts.
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Labour Law
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Working Time and Breaks — Whether meal and tea breaks within 12‑hour security shifts constitute payable working time — Employment Act ss27,36‑39
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Evidence and Proof — Requirement to show actual relief/rotation at posts for breaks to be non‑working time
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Discipline and Operational Practice — Inconsistency of treating a period as off‑duty for pay yet disciplining for conduct indicating ongoing responsibility
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15 June 2026 |
| May 2026 |
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Whether long-term volunteers were employees entitled to arrears, severance and compensation after unfair dismissal.
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Labour Law
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Employment Status — Volunteer v Employee: substance over form, control, integration, payroll records
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Unfair Dismissal — Dismissal for asserting rights; procedural and substantive fairness — Employment Act ss57, 61
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Remuneration — Minimum wage compliance and calculation of arrears period-by-period
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21 May 2026 |
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A High Court transfer order preserves commencement for limitation purposes; transferred proceedings are not a fresh action.
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Labour Law — Jurisdiction — Effect of transfer by superior court of proceedings commenced in wrong forum on limitation
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Limitation — Section 4 Limitation Act — Whether filing in wrong forum suspends or preserves the statutory limitation period when proceedings are transferred
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Civil Procedure — Transfer of Proceedings — Filing in transferee court as procedural regularisation, not fresh commencement
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21 May 2026 |
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Whether a worker stationed at a respondent’s house was employed by the respondent and entitled to statutory terminal benefits.
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Employment Law
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Pre‑hearing Minutes — Effect of pre‑hearing minutes in delimiting issues for trial — Pleadings and Rule 13 procedure
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Employment Relationship — Determination by totality of relationship (control, payment, place of work, economic dependence) — Employment Act s 3
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Termination and Remedies — Notice, severance, leave, public‑holiday pay and gratuity — Employment Act ss 35, 57, 61
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11 May 2026 |
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Registrar erred in revisiting reinstatement at assessment; uplift and unfair‑labour award set aside; s63(6) special award granted.
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Employment law — Remedies — Reinstatement and re‑engagement after default judgment — Registrar’s power at assessment
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11 May 2026 |
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Employer failed to prove retrenchment and did not consult, entitling the applicant to compensation and terminal benefits.
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Employment Law
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Retrenchment/Operational Requirements — Employer’s burden to prove genuine operational reason and supporting business records (Employment Act ss 57, 61)
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Consultation and Procedure — Requirement of meaningful consultation, disclosure of information, notice and notification to labour authorities in redundancy exercises
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Unfair Labour Practices — Transparency in remuneration, lawful salary changes and deductions; set‑off and statutory limits on deductions (Employment Act ss 29, 30, 35, 51–53)
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11 May 2026 |
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Motion for summary disposal denied; disputed facts on composition of internal panels, appeal authority, salary and constructive dismissal require trial.
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Employment Law
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Disciplinary Procedure — Apparent bias and composition of disciplinary committee — Role of HR officer requiring factual enquiry
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Appeals — Construction of internal appeal clause and authority of Chief Executive Officer — Mixed question of law and fact
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Constructive Dismissal — Employer conduct (fresh hearing, salary non‑payment, warnings) and reasonableness of continued employment — Requires factual ventilation
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11 May 2026 |
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Retrenchment justified by COVID‑19 substantively, but procedurally unfair; compensation and severance to be assessed.
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Labour Law
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Retrenchment/Redundancy — Operational requirements and evidential proof of financial distress
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Procedure in retrenchment — Meaningful consultation, representation and transparent selection criteria
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Remedies — Compensation for unfair dismissal and severance allowance; pension claim requires evidential foundation
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11 May 2026 |
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Label 'temporary' insufficient; employees unfairly dismissed and entitled to statutory notice, leave, holiday, overtime and compensation.
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Employment Law
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Contracts — Specific‑task/fixed‑term v Unspecified‑period — Whether temporary label establishes contract type — Employment Act ss 25,28
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Unfair Dismissal — Operational requirements and procedural fairness — Burden on employer to prove reason and justice in termination — Employment Act ss 57,61,63
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Remedies — Entitlement to notice, accrued leave, public holiday pay, overtime and assessment procedure — Records and Registrar assessment
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8 May 2026 |
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Applicants failed to prove an employment relationship; unfair dismissal and compensation claims dismissed.
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Employment Law — Employment Relationship — Whether casual ("ganyu") workers constitute employees — Consideration of regularity, control, economic dependence and integration — Employment Act ss 3, 28, 57, 61
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4 May 2026 |
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Applicants awarded limited unpaid annual leave; gratuity and overtime/public‑holiday claims dismissed for lack of proof.
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Employment Law — Remuneration & Working Time — Gratuity, Annual Leave, Overtime and Public Holiday Pay — Burden of proof, role of employer records and union computations — Employment Act ss 35A, 36–40, 44–45, 51, 53
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4 May 2026 |
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Employer failed to prove misconduct and conducted an unfair disciplinary process; dismissal and labour practices were unlawful.
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Employment Law
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Dismissal — Substantive and procedural fairness — Burden on employer to prove misconduct (Employment Act ss 57, 61)
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Disciplinary Procedure — Evidence, material witnesses and site inspection — Fair opportunity to test core defences
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Constitutional Law — Fair Labour Practices — Employer’s duty to treat junior employee even‑handedly; clear and timely communication of dismissal (Constitution s 31)
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4 May 2026 |
| April 2026 |
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Summary dismissal held substantively and procedurally unfair; applicant entitled to compensation and unpaid terminal benefits.
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Employment Law
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Dismissal — Substantive fairness: requirement to prove misconduct (insubordination; gross negligence)
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Procedural fairness — Predetermination, impartiality of disciplinary panels and right to test adverse evidence
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Remedies — Compensation, severance, notice, gratuity and leave pay; assessment to quantify awards and avoid double recovery
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27 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 |
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Court dismissed respondents’ short‑point motion, finding disputed facts precluded summary disposal under s.32(2)/s.42 Employment Act.
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Labour Law
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Transfer of undertaking — Whether s.32(2) and s.42 Employment Act operate automatically absent disputed factual foundation — Employment Act ss 32(2), 42
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Constructive dismissal and unfair labour practices — Whether documentary record alone can resolve contested allegations of duress, discrimination and procedural fairness
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Civil Procedure — Summary disposal — Whether matter fit for determination on a point of law without viva voce evidence — IRC Rules r.16(1); Labour Relations Act s.67
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22 April 2026 |
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Employer failed to prove performance-based dismissal and denied the applicant a hearing; dismissal unfair, damages and severance ordered.
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Labour Law
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Unfair Dismissal — Substantive fairness and employer’s burden under s61 Employment Act
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Procedural Fairness — Performance Improvement Plan versus disciplinary hearing; right to be heard under s57(2) Employment Act
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Unfair Labour Practices — Performance management, reasonable targets, and employer’s duty to provide support
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13 April 2026 |
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Employer failed to prove misconduct; dismissal was substantively unfair and withholding of earned bonus was unjustified.
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Employment Law
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Unfair Dismissal — Substantive fairness and employer’s burden under Employment Act ss57, 58, 61
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Procedural Fairness — Right to be heard and access to disciplinary documentation
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Benefits — Withholding accrued bonus as monetary sanction and interplay with Employment Act s56
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13 April 2026 |
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Probationary status does not permit dismissal without fair reason or hearing; compensation ordered, injunction discharged.
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Employment Law
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Unfair Dismissal — Probationary status does not negate substantive or procedural fairness
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Remedies — Reinstatement v Compensation; reinstatement discretionary and compensation appropriate where reinstatement impractical
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Civil Procedure — Disposal on Point of Law — Threshold; matter fit for summary determination where material facts are admitted or not genuinely in dispute
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7 April 2026 |
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Employer failed to prove misconduct; dismissal substantively unfair and unfair labour practices established.
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Employment Law
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Unfair Dismissal — Substantive and Procedural Fairness — Employer’s Burden to Prove Reasons under Employment Act ss 57, 61
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Unfair Labour Practices — Working Conditions and Tools of Trade — Failure to Provide Transport, Reimburse Expenses and Provide Workable Relocation — Constitution s 31(1)
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6 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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Court holds IRC has jurisdiction and finds the coach’s performance dismissal substantively and procedurally unfair.
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Labour Law
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Jurisdiction — Court versus Sporting Arbitration — Whether arbitration clause/FIFA mechanisms oust Industrial Relations Court jurisdiction
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Dismissal — Substantive fairness — Proof of failure to meet contractual performance targets — Employment Act ss 57, 61
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Dismissal Procedure — Right to be heard — Requirement of meaningful opportunity before discipline/termination
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9 March 2026 |
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Early termination of a fixed‑term contract without valid reason or fair process amounted to unfair dismissal and unfair labour practice.
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Labour Law
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Dismissal — Fixed‑term contract terminated early — Substantive and procedural fairness under Section 57 and Section 61, Employment Act
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Unfair labour practices — Legitimate expectation arising from employer representations and conduct — Section 31 and Section 43, Constitution
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Administrative Law — Reliance on external determinations — Limits where the affected employee was not investigated and employer treated employee as validly appointed
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2 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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Conversion of permanent contracts to fixed‑term without genuine consultation amounted to unfair dismissal; severance underpaid and PAYE unlawfully deducted.
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Labour Law
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Dismissal/Termination — Whether conversion of unspecified‑period contracts to fixed‑term amounts to termination and unfair dismissal
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Operational Requirements — Burden on employer to prove genuine, evidenced operational necessity for termination
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Severance/Taxation — Whether severance allowance is compensatory (non‑taxable) and whether PAYE deductions from severance are lawful
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9 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 |