Results.
4 judgments found.
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| November 1998 |
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Pensionable status does not, without clear wording or pleading, preclude termination on contractual notice; appeal allowed and pension benefits awarded with interest.
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Employment law — implication of terms — pensionable or "permanent" employment does not, without clear language, prevent termination by notice; pleadings required for implied terms — tort claims not to supplant contractual claims
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10 November 1998 |
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Court dismissed objections, holding a three-judge bench sufficed and the Attorney General could continue under O.III r.13; summary dismissal permissible for abusive applications.
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Civil procedure — Appeal procedure — O.III r.13 — Attorney General's right to pursue alternative grounds after appellant's withdrawal; abuse of court process — summary dismissal of repetitive/frivolous applications; court composition — empanelling of three, five or seven Justices is an internal administrative matter; right to be heard — no breach where issues were already argued before a single Judge
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8 November 1998 |
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Dispute whether departure was retirement or resignation and entitlement to severance calculated under Ministry of Labour formula.
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Employment law — termination by retirement v resignation — terminal benefits and severance pay — absence of written conditions of service — application of Ministry of Labour severance formula — year-end bonus not part of terminal benefits.
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6 November 1998 |
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Whether a retiring employee is entitled to severance computed per Labour Office formula, distinct from an end-of-year bonus.
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Employment law — retirement v. resignation; terminal/severance pay in absence of written service conditions; Ministry of Labour formulae as guidance for severance calculation; distinction between year-end bonus and terminal benefits; entitlement and costs.
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6 November 1998 |