Results.
5 judgments found.
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| October 2022 |
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Applicant failed to show exceptional circumstances for bail pending appeal based on alleged conflicting authorities on licence burden.
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Bail pending appeal — exceptional circumstances required — applicant must show likelihood of success on appeal.
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26 October 2022 |
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Court refused stay pending appeal, holding the appeal interlocutory and case-management matters belong to the trial court.
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Civil procedure — Stay pending appeal — Interlocutory (inchoate) appeals — Case management and discretionary powers of trial court — Amendments after trial — Reluctance of appellate court to interfere.
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26 October 2022 |
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Whether dismissal for alleged intoxication at work was substantively and procedurally fair under section 57 of the Employment Act.
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Employment law — unfair dismissal — section 57 (valid reason and substantive fairness) — disciplinary procedure — disciplinary hearings not courts — availability of accusers for cross‑examination only on request — employer’s duty to give reasons arises during disciplinary proceedings — trial may proceed in absence of a party — forum jurisdiction and costs.
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13 October 2022 |
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Dismissal for alleged drunkenness upheld; disciplinary process found substantively and procedurally fair; appeal dismissed, costs awarded.
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Employment law — unfair dismissal — disciplinary hearing — consuming alcohol on duty — substantive and procedural fairness — section 57 and section 62 Employment Act — right to cross-examine accusers — court proceeding in absentia.
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13 October 2022 |
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Failure to attend court-ordered mediation justified dismissal; appellate interference requires proof of abuse of discretion.
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Civil procedure — Mediation — Order 13 r.6 of the Courts (High Court) (Civil Procedure) Rules 2017 — Dismissal for failure to attend mediation — Judicial discretion in case management — Appellate interference only for abuse of discretion; appellate grounds must comply with Order 111 r.2.
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6 October 2022 |