All courts - 2014 January

3 judgments
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3 judgments
Citation
Judgment date
January 2014
Court ordered immediate release, holding that continued 21‑day detention and disproportionate monetary conditions were unlawful.
Bail — interests of justice; unlawful conditional release (granting bail yet ordering continued detention); incomplete investigations insufficient to justify remand; proportionality and clarity of bail conditions; preservation of alleged proceeds via cautions.
28 January 2014
Appeal dismissed: section 63 awards compensate pecuniary loss (monetary quantification), minima are floors, employer must prove non-mitigation.
Employment law — Unfair dismissal — Section 63 Employment Act: compensation for 'loss' (pecuniary), heads of loss not closed, awards must be quantified monetarily; s63(5) prescribes minima not mandatory month-per-year multipliers; burden of proof on employee for loss and on employer for failure to mitigate; appeal competent on question of law.
20 January 2014
The court dismissed the plaintiff’s claim for want of prosecution due to prolonged inactivity and awarded costs to the defendant.
Civil procedure – want of prosecution – striking out/dismissal for inordinate and inexcusable delay – dismissal on first application permissible in appropriate cases – failure to attend hearing as evidence of abandonment – costs to defendant.
6 January 2014