Results.
111 judgments found.
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| January 2025 |
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Undocumented redundancy and lack of consultation rendered the dismissal substantively and procedurally unfair; compensation ordered.
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Employment Law
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Redundancy and Unfair Dismissal — Substantive and Procedural Fairness — Employer bears burden to justify dismissal (Employment Act ss 57, 62)
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Remedies — Compensation, Severance and Accrued Leave — Quantum to be assessed at separate hearing (Employment Act ss 35, 39)
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22 January 2025 |
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A prolonged unpaid suspension without disciplinary process amounted to constructive dismissal and an unfair labour practice.
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Employment Law
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Constructive Dismissal — Prolonged unpaid suspension and failure to hold disciplinary proceedings
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Unfair Labour Practices — Withholding wages during suspension
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Administrative Law — Procedural Fairness — Employer cannot indefinitely defer internal disciplinary action to criminal proceedings
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13 January 2025 |
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Failure to call accusers and authenticate evidence rendered the dismissal procedurally and substantively unfair.
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Employment Law
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Disciplinary Dismissal — Procedural fairness and right to cross‑examination of accusers
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Evidence — Reliance on unauthenticated audio recordings and call logs in disciplinary proceedings
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Remedies — Compensation, notice pay and severance for unfair dismissal and unfair labour practices
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7 January 2025 |
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Summary dismissal for alleged theft was procedurally and substantively unfair due to withheld evidence and insufficient corroboration.
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Labour Law — Dismissal — Procedural and substantive fairness — Disclosure of evidence and impartiality of disciplinary proceedings
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6 January 2025 |
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Dismissal procedurally and substantively unfair due to biased hearing, lack of evidence of gross misconduct, and selective treatment.
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Employment Law
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Dismissal
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Procedural fairness — Right to call witnesses; Panel impartiality; Transparency
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Substantive fairness — Requirement to prove gross misconduct and proportionality of sanction
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Labour practices — Unfair treatment — Selective enforcement of overtime policy and retaliatory conduct
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6 January 2025 |
| December 2024 |
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Applicant unfairly dismissed; court awarded MK45,008,542.95 for withheld pay, unfair dismissal, unfair labour practices, severance, gratuity and pension loss.
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Employment Law
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Unfair Dismissal — Whether dismissal without written reasons or hearing was unfair and effect on length of service
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Unfair Labour Practices — Failure to facilitate transfer (transport) and discriminatory treatment — Damages for non-pecuniary and pecuniary loss
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17 December 2024 |
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Fixed‑term contract expired lawfully; administrative delay in promotion notification did not amount to unfair dismissal or unfair labour practices.
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Labour Law
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Termination — Fixed‑term contract expiry by effluxion of time — Section 28(2) Employment Act
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Procedural Fairness — Notice of non‑renewal — Verbal communication followed by written confirmation
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Unfair Labour Practices — Promotion notification and payroll deletion — Administrative delay without bad faith
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10 December 2024 |
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Claim for 100% top‑ups denied; applicants entitled to proportionate adjustments, devaluation, interest and nominal damages.
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Labour Law — Remuneration — Campus top‑up allowances and alleged unequal pay for work of equal value — Workload‑based differentiation justified by policy and pre‑merger terms
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Employment Law — Equal Remuneration — Proof required to show comparable workload and entitlement to identical top‑ups — Employment Act s6; Constitution s31
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3 December 2024 |
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Dismissal was procedurally and substantively unfair; employer must pay unpaid pension contributions and cannot enforce alleged loan.
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Employment Law
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Unfair Dismissal — Procedural and Substantive Fairness — Employment Act ss 57(1)–(2), 62(1)
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Pension Contributions — Employer’s Duty to Remit — Pension Act ss 9, 12
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Employer Counterclaim — Proof of Loan and Offsetting Awards — Necessity of Written Agreement and Recovery Evidence
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3 December 2024 |
| November 2024 |
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Applicant’s dismissal declared substantively and procedurally unfair; employer breached fair labour practices.
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Labour Law
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Dismissal — Substantive and procedural fairness
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Disciplinary procedure — Impartiality, notice and right to present evidence
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Constitutional Law — Fair labour practices — Section 31 of the Constitution
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15 November 2024 |
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Dismissal procedurally and substantively unfair; unfair labour practice established, but wage discrimination not proven.
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Labour Law
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Dismissal — Procedural and substantive fairness in disciplinary proceedings
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Unfair labour practice — Improper internal appeal procedure and non‑production of material evidence
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Remuneration — Alleged wage discrimination justified by performance‑based promotion
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12 November 2024 |
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The applicant awarded additional overtime after flat-rate allowance was absorbed by a minimum wage increase; leave claim denied.
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Employment Law — Compensation for unfair dismissal and statutory entitlements — Effect of minimum wage revision on flat-rate overtime allowances
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11 November 2024 |
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Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
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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 |
| October 2024 |
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25 October 2024 |
| June 2024 |
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Employee unfairly dismissed due to procedural bias and defective charges; awarded compensation, severance and notice pay.
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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.
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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.
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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.
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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 assessed unfair dismissal compensation using current salary, reduced for partial contribution, and awarded severance with 50% payment condition for appeal.
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Labour Law
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Unfair Dismissal — Assessment of compensation under s63(4)–(5) Employment Act — Use of current salary to retain purchasing power
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Severance Allowance — Computation under First Schedule and s35(2) Employment Act — Basis of remuneration
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Appeal/Execution — Filing an appeal does not stay payment; leave to appeal subject to 50% payment pending appeal
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20 February 2024 |
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Court awarded one month’s pay per year, doubled for devaluation, and rejected unproven bonus claims.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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 |
| 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |