Results.
286 judgments found.
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| December 2019 |
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24 December 2019 |
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20 December 2019 |
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Petitioner proved tampering and procedural failures that affected the result; court nullified election and ordered a re-run.
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Election law — Section 114 PPEA — election petition and burden of proof; electoral irregularities and tampering; duty to supply duplicate signed polling-station result sheets (s.93 PPEA); failure of Electoral Commission to produce official tally records; nullification and order for re-run.
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20 December 2019 |
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19 December 2019 |
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19 December 2019 |
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19 December 2019 |
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16 December 2019 |
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16 December 2019 |
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13 December 2019 |
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12 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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29 November 2019 |
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Court imposed death and life sentences for murder and organ-trafficking of a vulnerable person with albinism.
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Criminal law — Murder in cold blood — Harvesting body parts and trafficking in persons — Death penalty lawful and available in exceptional cases — Extracting and transacting in human tissue — Life imprisonment — Sentencing principles.
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28 November 2019 |
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21 November 2019 |
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Proceedings struck out because they were commenced under superseded rules and instituted by an unlicensed practitioner.
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Civil procedure — Rules of Court: RSC superseded by CPR 2017 — Proceedings instituted under former rules invalid; Right of audience — Legal practitioner must hold current practising licence — Processes instituted by unlicensed practitioner are nullities; Relief — striking out and costs.
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21 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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15 November 2019 |
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14 November 2019 |
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Stay application dismissed as premature; notice of appeal struck out for failure to serve and prosecute.
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Civil procedure — stay pending appeal — prematurity where no enforcement order obtained; Order I r18 — first seek stay in lower court; failure to serve notice of appeal and to prosecute appeal — striking out; failure to serve skeleton arguments — sanction.
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7 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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29 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 |
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29 October 2019 |
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29 October 2019 |
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25 October 2019 |
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24 October 2019 |
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22 October 2019 |
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14 October 2019 |
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14 October 2019 |
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14 October 2019 |
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14 October 2019 |
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10 October 2019 |
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2 October 2019 |
| September 2019 |
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30 September 2019 |
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27 September 2019 |
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22 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 |
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20 September 2019 |
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Petition alleging result-sheet alterations, barred monitors and unsealed ballot box failed for lack of sufficient evidence.
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Electoral law — election petition under s.100 PPEA — proper mode of commencement; burden and variable standard of proof in election petitions; admissibility and weight of polling-station result sheets (MEC.POLL 066b) and record log books; recount/scrutiny and effect of unsealed ballot box; requirement for written complaints at polling stations (s.89).
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16 September 2019 |
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Claimant awarded general damages for pain and loss of amenities; special damages limited to police report cost.
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Personal injury — assessment of damages — fracture of distal tibia — general damages for pain and suffering and loss of amenities — proof of special damages required — award for police report only — reliance on comparable local authorities and consideration of award timing.
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10 September 2019 |
| August 2019 |
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30 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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21 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 |
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Whether interlocutory and case-management decisions are appealable and should be interfered with; appeal dismissed with costs.
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Appealability — Sections 21 and 23 Supreme Court of Appeal Act; procedural requirements — Notice of Appeal; interlocutory orders and case-management; appellate interference with exercise of judicial discretion; dismissal with costs.
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15 August 2019 |
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A court-ordered settlement is a consent judgment and can only be set aside by fresh proceedings showing fraud, mistake, or misrepresentation.
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Civil procedure — Settlement agreements executed in court are deemed judgments — No appeal lies against such agreements — Setting aside requires fresh proceedings and proof of fraud, mutual mistake or misrepresentation — Consent-judgment principles apply to mediation settlements.
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14 August 2019 |
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13 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.
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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 |
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13 August 2019 |