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Citation
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Judgment date
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| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
| October 2022 |
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Assessment of pension and accrued leave after default judgment; uncontroverted evidence and statutory rules determine compensation.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |