Results.
116 judgments found.
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| July 2026 |
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7 July 2026 |
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3 July 2026 |
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3 July 2026 |
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2 July 2026 |
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1 July 2026 |
| June 2026 |
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29 June 2026 |
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Purchaser's delayed payment after transfer breached the sale agreement and defendant liable for compound interest and costs.
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Contract Law
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Sale of Land — Purchaser's obligation to pay purchase price into seller's bank to discharge an encumbering loan
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Breach and Remedies — Delayed payment after transfer as breach causing recoverable interest damages
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Variation and Conduct — Advance payment for tanks and failure of counterclaim for tank value due to lack of credible proof
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19 June 2026 |
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Whether two unpaid hours in 12‑hour security shifts were payable where guards remained responsible for their posts.
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Labour Law
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Working Time and Breaks — Whether meal and tea breaks within 12‑hour security shifts constitute payable working time — Employment Act ss27,36‑39
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Evidence and Proof — Requirement to show actual relief/rotation at posts for breaks to be non‑working time
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Discipline and Operational Practice — Inconsistency of treating a period as off‑duty for pay yet disciplining for conduct indicating ongoing responsibility
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15 June 2026 |
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11 June 2026 |
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4 June 2026 |
| May 2026 |
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Employer must afford accused employees chance to confront accusers; compensation uses wage at dismissal, not a 'boosted' rate.
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Employment Law
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Disciplinary Proceedings — Right to confront accusers — Employer duty to afford opportunity to cross‑examine (Employment Act ss 57, 61(2))
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Unfair Dismissal — Assessment of compensation — "Wage" means wage at time of dismissal; boosting is an exception
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Civil Procedure — Execution pending appeal — Wrongful execution where stay conditions met — Refund of sheriff fees
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29 May 2026 |
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29 May 2026 |
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No valid presidential appointment or reinstatement was proved; unsigned communications do not constitute lawful presidential decisions.
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Constitutional Law
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Administrative Justice — Requirement to give written reasons and lawful administrative action — Constitution s43
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Chiefs Appointments and Removals — Presidential decisions must be in writing under signature — Constitution s90; Chiefs Act ss4,11,12
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29 May 2026 |
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27 May 2026 |
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Court refused defendant’s very late application to introduce new illegality and public‑policy defences as unduly prejudicial.
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Civil procedure
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Amendment of statement of case — Post-closure amendments — Discretionary permission; prejudice and remedyability (Order 7 r 23 CPR 2017)
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Late amendment — Introduction of new defences (illegality/ex turpi causa and treaty breach) — Requirement for convincing explanation and avoidance of undue prejudice
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Case management — Trial timetable and public interest — Protection of court resources and other court users from unjustified delay
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25 May 2026 |
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21 May 2026 |
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Whether long-term volunteers were employees entitled to arrears, severance and compensation after unfair dismissal.
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Labour Law
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Employment Status — Volunteer v Employee: substance over form, control, integration, payroll records
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Unfair Dismissal — Dismissal for asserting rights; procedural and substantive fairness — Employment Act ss57, 61
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Remuneration — Minimum wage compliance and calculation of arrears period-by-period
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21 May 2026 |
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A High Court transfer order preserves commencement for limitation purposes; transferred proceedings are not a fresh action.
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Labour Law — Jurisdiction — Effect of transfer by superior court of proceedings commenced in wrong forum on limitation
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Limitation — Section 4 Limitation Act — Whether filing in wrong forum suspends or preserves the statutory limitation period when proceedings are transferred
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Civil Procedure — Transfer of Proceedings — Filing in transferee court as procedural regularisation, not fresh commencement
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21 May 2026 |
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Whether the respondent lost jurisdiction by deciding after statutory time limits and whether its rules were ultra vires.
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Administrative law — Rule‑making and ultra vires — Division of rule‑making powers between Society and Disciplinary Committee — Legal Education and Legal Practitioners Act ss 73, 94
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Disciplinary procedure — Time limits and jurisdiction — Whether Disciplinary Committee loses jurisdiction after expiry of statutory 90/120 days — LELPA s 95
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21 May 2026 |
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Rules jointly promulgated by the Society and Committee were ultra vires; committee lost jurisdiction after statutory time limit expired.
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Administrative Law — Delegated Legislation and Disciplinary Procedure — Validity of rules made jointly by Society and Disciplinary Committee — Whether rules are ultra vires and require gazetting/laying before Parliament — LELPA ss 73, 94, 95; Constitution s58; General Interpretation Act s17
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21 May 2026 |
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21 May 2026 |
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20 May 2026 |
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Sale of matrimonial property set aside for procedural impropriety in valuation and sale; former counsel summoned to show cause.
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Family Law — Property Distribution — Setting aside ex parte sale order for matrimonial property due to procedural impropriety and lack of transparent valuation procurement
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Administrative Law — Natural Justice and Public Procurement — Duty to ensure transparency, paper‑trail and avoidance of appearance of bias when a public office appoints a service provider
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Legal Ethics — Duty of Legal Practitioner — Failure to communicate with client and potential breach of officer‑of‑court obligations (show‑cause proceedings)
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19 May 2026 |
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High Court discharged judicial review leave because the dispute is predominantly a private employment matter for the Industrial Relations Court.
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Administrative law — Judicial review — Public vs private law — Dominant‑factor test for employment suspensions
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Labour law — Jurisdiction — Industrial Relations Court as specialised forum — Alternative and effective remedy bars High Court judicial review
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19 May 2026 |
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18 May 2026 |
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15 May 2026 |
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Claimant proved malicious prosecution and false imprisonment instigated by the defendant, but defamation and special damages failed.
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Tort — Malicious prosecution — Instigation by private party to police; elements: prosecution by defendant, termination in favour, absence of reasonable and probable cause, malice
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15 May 2026 |
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15 May 2026 |
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15 May 2026 |
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15 May 2026 |
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13 May 2026 |
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Court vacated interlocutory stay challenging DPP discontinuation, finding no risk of irreparable harm to preserve the appeal.
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Constitutional law — Prosecutorial discretion — Whether the Director of Public Prosecutions is bound by recommendations of the Legal Affairs Committee of Parliament
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Civil procedure
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Judicial review — Leave to apply for judicial review and discharge of leave — Whether a negative order discharging leave necessitates a stay of execution
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Stay of execution — Discretionary relief — Requirement to show risk of irreparable harm or that appeal would be rendered nugatory
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13 May 2026 |
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13 May 2026 |
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13 May 2026 |
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SCA may hear stay pending High Court appeal and substituted a MK200,000,000 bank guarantee for 75% upfront payment.
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Civil procedure — Stay of execution — Stay pending appeal — Jurisdiction of Supreme Court to entertain stay applications concurrent with High Court — Protection of interests where large awards involved
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Constitutional law — Access to courts and equality — Right to effective remedy and non-discrimination — Limits on jurisdictional exclusion of applicants
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12 May 2026 |
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11 May 2026 |
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Whether a worker stationed at a respondent’s house was employed by the respondent and entitled to statutory terminal benefits.
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Employment Law
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Pre‑hearing Minutes — Effect of pre‑hearing minutes in delimiting issues for trial — Pleadings and Rule 13 procedure
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Employment Relationship — Determination by totality of relationship (control, payment, place of work, economic dependence) — Employment Act s 3
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Termination and Remedies — Notice, severance, leave, public‑holiday pay and gratuity — Employment Act ss 35, 57, 61
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11 May 2026 |
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Registrar erred in revisiting reinstatement at assessment; uplift and unfair‑labour award set aside; s63(6) special award granted.
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Employment law — Remedies — Reinstatement and re‑engagement after default judgment — Registrar’s power at assessment
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11 May 2026 |
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Employer failed to prove retrenchment and did not consult, entitling the applicant to compensation and terminal benefits.
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Employment Law
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Retrenchment/Operational Requirements — Employer’s burden to prove genuine operational reason and supporting business records (Employment Act ss 57, 61)
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Consultation and Procedure — Requirement of meaningful consultation, disclosure of information, notice and notification to labour authorities in redundancy exercises
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Unfair Labour Practices — Transparency in remuneration, lawful salary changes and deductions; set‑off and statutory limits on deductions (Employment Act ss 29, 30, 35, 51–53)
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11 May 2026 |
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Motion for summary disposal denied; disputed facts on composition of internal panels, appeal authority, salary and constructive dismissal require trial.
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Employment Law
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Disciplinary Procedure — Apparent bias and composition of disciplinary committee — Role of HR officer requiring factual enquiry
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Appeals — Construction of internal appeal clause and authority of Chief Executive Officer — Mixed question of law and fact
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Constructive Dismissal — Employer conduct (fresh hearing, salary non‑payment, warnings) and reasonableness of continued employment — Requires factual ventilation
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11 May 2026 |
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Employer held vicariously liable for senior employees' sexual harassment; damages reduced for claimant’s contributory factors.
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Employment law — Vicarious liability — Sexual harassment by senior employees — Employer’s duty to take reasonable preventive measures
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Civil damages — Assessment of damages for sexual assault — Reduction where claimant’s conduct and evidentiary gaps affect quantum
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11 May 2026 |
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Retrenchment justified by COVID‑19 substantively, but procedurally unfair; compensation and severance to be assessed.
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Labour Law
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Retrenchment/Redundancy — Operational requirements and evidential proof of financial distress
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Procedure in retrenchment — Meaningful consultation, representation and transparent selection criteria
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Remedies — Compensation for unfair dismissal and severance allowance; pension claim requires evidential foundation
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11 May 2026 |
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IRC may determine statutory discrimination claims; discrimination found and compensation to be recalculated without arbitrary boost.
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Employment law — Workplace discrimination — Recruitment and prospective employees — Employer liability under Employment Act ss 5–7 for discriminatory referral and restoration remedies
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Civil procedure — Jurisdiction — Industrial Relations Court jurisdiction over statutory discrimination claims but not torts (defamation, breach, inducement) — Employment Act ss 3,7
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Remedies — Assessment of compensation — Currency denomination and boosting — Dollarization and reassessment ordered; arbitrary percentage boosts set aside
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8 May 2026 |
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Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
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Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
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Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
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8 May 2026 |
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8 May 2026 |
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Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
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Constitutional law
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Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
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Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
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Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
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8 May 2026 |
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Label 'temporary' insufficient; employees unfairly dismissed and entitled to statutory notice, leave, holiday, overtime and compensation.
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Employment Law
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Contracts — Specific‑task/fixed‑term v Unspecified‑period — Whether temporary label establishes contract type — Employment Act ss 25,28
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Unfair Dismissal — Operational requirements and procedural fairness — Burden on employer to prove reason and justice in termination — Employment Act ss 57,61,63
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Remedies — Entitlement to notice, accrued leave, public holiday pay, overtime and assessment procedure — Records and Registrar assessment
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8 May 2026 |
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Applicants failed to prove an employment relationship; unfair dismissal and compensation claims dismissed.
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Employment Law — Employment Relationship — Whether casual ("ganyu") workers constitute employees — Consideration of regularity, control, economic dependence and integration — Employment Act ss 3, 28, 57, 61
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4 May 2026 |
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Applicants awarded limited unpaid annual leave; gratuity and overtime/public‑holiday claims dismissed for lack of proof.
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Employment Law — Remuneration & Working Time — Gratuity, Annual Leave, Overtime and Public Holiday Pay — Burden of proof, role of employer records and union computations — Employment Act ss 35A, 36–40, 44–45, 51, 53
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4 May 2026 |
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Employer failed to prove misconduct and conducted an unfair disciplinary process; dismissal and labour practices were unlawful.
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Employment Law
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Dismissal — Substantive and procedural fairness — Burden on employer to prove misconduct (Employment Act ss 57, 61)
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Disciplinary Procedure — Evidence, material witnesses and site inspection — Fair opportunity to test core defences
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Constitutional Law — Fair Labour Practices — Employer’s duty to treat junior employee even‑handedly; clear and timely communication of dismissal (Constitution s 31)
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4 May 2026 |