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Citation
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Judgment date
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| November 2015 |
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Repeated renewal of fixed‑term contracts does not, under s 12(3), automatically convert them into permanent employment.
Labour law – Fixed‑term contracts v casual work – Interpretation of s 12(3) Labour Act – Casualisation of labour – Role of international labour instruments (ILO C158) in statutory interpretation – Domestic incorporation and binding effect of treaties.
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20 November 2015 |
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Electoral Court had jurisdiction to grant s70 access, but applicant’s failure to join necessary interested candidates and mootness doomed the application.
Electoral law — access to sealed ballots under s 70(4) — harmonised elections — s 167(2)(b) Constitutional Court jurisdiction limited to Presidential-election disputes — joinder of necessary parties — no lacuna preventing conditional orders under s 70(5).
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17 November 2015 |
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Substantial compliance with s38 notice and bona fide purchase uphold statutory sale and transfer of secured property.
Agricultural Finance Act s38 — notice before seizure; 'borrower' includes surety; substantial compliance with registered demand sufficient; statutory sale equated to judicial execution; protection of bona fide purchaser.
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16 November 2015 |
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Whether condonation should be granted for a 12‑month delay to appeal an arbitrator's award given lack of prospects of success.
Labour law — Condonation — Extension of time to appeal arbitration award — Test: extent of delay, explanation, prospects of success, prejudice — No misdirection by arbitrator on bonus, salary, vehicle, shares — Appellate interference with discretion limited.
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16 November 2015 |
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A signed guarantee in blank is binding absent vitiating factors; a hypothecation limit does not restrict a separate unlimited guarantee.
Contract and suretyship – signing in blank – caveat subscriptor – defences required to avoid signed document (misrepresentation, fraud, duress, undue influence, mistake) – distinction between hypothecation security limit and separate guarantee – joint and several liability.
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16 November 2015 |
| October 2015 |
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Whether the appellant's reinstatement was before the arbitrator and the correctness of damages, salary and punitive damages.
Employment law – unfair dismissal – reinstatement v damages in lieu; interpretation of s 89(2)(c)(iii) Labour Act – punitive damages; requirement of evidentiary basis for quantum of damages; calculation of salary and contractual benefits.
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20 October 2015 |
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Whether a jurisdictional objection must be raised by special plea or may be decided on exception where no prejudice arises.
Civil procedure – Exception versus special plea – rr 99, 106 and 137 – Absence of jurisdiction – When jurisdictional objections may be decided on exception – Labour law jurisdictional issues.
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20 October 2015 |
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An applicant who raises new grounds on review after exhausting internal remedies will generally be precluded from doing so; appeal dismissed.
Labour law — review proceedings — points not raised before internal appeal — waiver — criteria for admitting new points on appeal (pleadings coverage, unfairness, facts common cause, absence of need for further evidence) — procedural strictness in labour disputes.
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19 October 2015 |
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Termination of a fixed-term contract with statutory notice is not automatically unfair; unsupported arbitral awards must be set aside.
Labour law – fixed-term contracts – statutory notice s 12(4)(d) – unfair dismissal under s 12B(3) – burden of proof for monetary claims – arbitral award set aside for lack of evidence.
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16 October 2015 |
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A court may not read into legislation a power to reinstate a deregistered estate agent; applicant's appeal dismissed.
Estate Agents Act – deregistration and disciplinary sanctions – absence of statutory provision for reinstatement – limits of judicial interpretation – court may not read-in powers amounting to legislation – Administrative Court jurisdiction.
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2 October 2015 |
| August 2015 |
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Appellants' claim for rescission failed because they had taken control of the business; default judgment upheld and appeal dismissed.
Civil procedure – rescission of default judgment – willful default and bona fide defence – control/possession of business as evidence of operative agreement – appellate interference with discretionary refusal to rescind.
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17 August 2015 |
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Whether a labour court may convert an appeal to a review post‑hearing and order retrial despite evidence proving misconduct.
Labour law – procedure – Labour Court’s jurisdiction under Rules 12, 15, 16 and 26 – impermissible conversion of appeal to review post‑hearing – natural justice – disciplinary procedure – investigator presiding over hearing – alleged bias – reinstatement v damages – employee’s duty to mitigate – credibility of eyewitness evidence.
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17 August 2015 |
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Appellant's dismissal of respondent upheld where arbitrator misdirected and prior warning was relevant to penalty.
Labour law – unfair dismissal – arbitration review – arbitrator’s misdirection and appellate interference – employer’s managerial discretion to dismiss where misconduct goes to root of contract – relevance of prior severe written warning to penalty assessment – selective punishment/victimisation argument.
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5 August 2015 |
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Confirmed conviction and death sentence: confession corroborated, no extenuation, constitutional provision s48(2) not retrospective.
Criminal law – Murder – Confession corroborated by evidence – Conspiracy and accomplice liability – Extenuating circumstances – Death penalty – Non-retroactivity of Constitution s48(2) – Appellate review of sentencing.
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2 August 2015 |
| July 2015 |
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Procedural irregularities and a chairman’s multiple roles created prejudice and warranted remittal for a fresh disciplinary hearing.
Labour law — Disciplinary proceedings — Procedural fairness — Reasonable apprehension of bias where chairman also acts as complainant and minute-taker — Requirement for worker representation — Remittal for hearing de novo where prejudice shown.
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31 July 2015 |
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Dismissal for altering a delivery voucher was unreasonably harsh; misconduct was excusable and did not warrant summary dismissal.
Disciplinary law — dismissal — employer's discretion on penalty — reasonableness and misdirection — misconduct inconsistent with employment contract — trivial/excusable misconduct — NEC and Labour Court intervention.
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28 July 2015 |
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Attorney-General may withdraw delegated prosecutorial authority but must comply with administrative justice (audi alteram partem).
Criminal procedure and administrative law – delegation of prosecutorial authority – certificate to prosecute – withdrawal of delegation – administrative justice (audi alteram partem) – reviewability of Attorney-General’s administrative acts.
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27 July 2015 |
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An arbitrator cannot impose terms of a collective bargaining agreement; negotiable allowances require party agreement.
Collective bargaining agreements – s 74(3) negotiable matters – Arbitrator's powers in compulsory arbitration – Referral to arbitration by agreement (s 93(1)) – Labour officer and arbitrator’s conciliatory role in interest disputes.
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26 July 2015 |
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A lateral transfer without reduced benefits does not constitute constructive dismissal absent prompt repudiation by the respondent.
Labour law — Constructive dismissal (s 12B(3) Labour Act) — Employer's right to transfer employees — Transferability clause and employee's knowledge — Requirement of prompt repudiation by employee — Absenteeism as misconduct.
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26 July 2015 |
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Appeal allowed: premature hearing of late exceptions and reliance on extraneous evidence reversed; matter remitted for trial.
Civil procedure – Exceptions and special pleas – late filing and non‑compliance with High Court Rules; hearing exceptions at trial after pleading over – impermissible; exception must be decided on the four corners of the pleading; relief on upheld exception ordinarily: set aside offending pleading and grant leave to amend; misuse of extraneous evidence on exception.
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22 July 2015 |
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Condonation for late appeal dismissed for unexplained delay, lawyer negligence, and lack of prospects of success.
Civil procedure – condonation for late noting of appeal – extension of time – factors: length of delay, explanation, bona fides, prospects of success, prejudice and finality; Registration of arbitral award – award satisfied by payment; award not sounding in money – non‑registrable.
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22 July 2015 |
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Appeal upheld only to set aside a newly raised withholding-information finding; gross negligence and dismissal otherwise affirmed.
Labour law – arbitration review – misdirection on facts as a point of law; substitution of findings by Labour Court; gross negligence in procurement and unauthorized payment; competence to introduce new findings on appeal.
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21 July 2015 |
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The respondent retained the common-law right to terminate employment on notice; s12B governs dismissal procedures only.
Labour law — Termination on notice vs dismissal — Interpretation of ss 12B and 12(4) Labour Act — Common-law right to terminate on notice preserved — Notice periods regulated by s12(4).
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16 July 2015 |
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The High Court may review inferior court proceedings under s29(4) even absent an appeal under s198(4).
High Court Act s29(4) — review powers of High Court where inferior court proceedings come to its notice; Criminal Procedure s198(4) — appeal by Attorney General; review of magistrate's discharge at close of State case; prima facie threshold versus proof beyond reasonable doubt; irregular proceedings and remittal for continuation of trial.
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14 July 2015 |
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Whether a collective agreement mandated salary adjustments equal to agreed inflation figures or merely a negotiation baseline.
Collective bargaining – Interpretation of clause providing that year-on-year inflation figures shall determine salary reviews – Arbitrator’s award ultra vires – Clause 9 permits individual institutions to grant higher non-binding increases – Arbitration and Labour Court review.
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8 July 2015 |
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Trial court’s factual findings upheld: appellant liable for outstanding account; appeal dismissed with costs.
Contract/Commercial law – credit account and identity of contracting party – account run in appellant’s name despite invoices issued in alternative trading names; Evidence – admission of debt – letter on appellant’s letterhead held to be admission; Civil procedure – r 188(1) High Court Rules – effect of failure to reply to notice to admit documents; Appellate review – deference to trial court’s factual findings unless irrational or clearly wrong.
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8 July 2015 |
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Non-compliance with an arbitral award pending appeal does not, by itself, bar the right to be heard or require interim relief.
Labour law — Appeal against arbitral award — s92E(2) and (3) Labour Act — noting an appeal does not suspend operation of award — interim determination discretionary — 'dirty hands' principle inapplicable where no obligation to comply — executability of award.
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6 July 2015 |
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Unauthorised disclosure of confidential salary information by a workers' representative justified dismissal; procedural defects unproven.
Labour law — Confidentiality and Code of Conduct — Unauthorised disclosure of employee salary information — Workers' committee status does not authorise breach of employer confidentiality rules — Procedural irregularity must be pleaded and proved to vitiate disciplinary proceedings — Unfair dismissal challenge dismissed.
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1 July 2015 |
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Prescription plea dismissed; 36-month damages reduced to six months and currency conversion remitted to the Labour Court.
Labour law – prescription – raising point for first time on appeal; Quantum of damages in lieu of reinstatement – need for evidence on age, health, qualifications and mitigation; Currency denomination – conversion of Zimbabwe dollar awards to foreign currency is within Labour Court’s equitable jurisdiction; Remittal for computation and conversion.
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1 July 2015 |
| June 2015 |
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Supreme Court remitted the matter for trial because material constitutional and dismissal issues were not ventilated below.
:[
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29 June 2015 |
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The applicant's procedural complaints failed; uncontroverted witness evidence upheld dismissal for theft.
Employment law — Disciplinary proceedings — Procedural irregularities and fairness of hearing — Appellate review of disciplinary findings — Uncontroverted witness evidence and failure to cross-examine.
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26 June 2015 |
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Post-hearing, actual demonstrated bias and prejudice—not mere possibility—must be shown to nullify disciplinary proceedings.
Labour law — Disciplinary proceedings — Bias and recusal — Distinction between pre-hearing possibility of bias and post-hearing requirement to prove actual bias and prejudice — Fairness standard for workplace disciplinary hearings.
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25 June 2015 |
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Employees who wilfully boycott disciplinary hearings waive the right to later challenge those proceedings.
Disciplinary hearings — deliberate absence and waiver of right to challenge; workers' committee representation (s 24 Labour Act) — employer's duty to invite; Labour Court misdirection — inappropriate reliance on s 101(6).
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8 June 2015 |
| May 2015 |
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Dismissal for gross negligence upheld where distribution manager failed to ensure crate collection, causing foreseeable significant loss.
Employment law – dismissal – gross negligence v ordinary negligence; supervisory duty and ensuring required operational resources; foreseeability of loss; standard of proof on disciplinary charge.
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19 May 2015 |
| April 2015 |
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Rule 449 cannot be used to impose personal/de bonis propriis costs on an executor absent prior pleading or special circumstances.
Civil procedure — Rule 449 High Court Rules — correction/variation of judgment only where ambiguity, patent error or omission — costs — executor defending will — personal liability (de bonis propriis) requires pleading and exceptional circumstances — costs ordinarily follow the event; special costs against estate must be specifically claimed.
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20 April 2015 |
| March 2015 |
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The respondent was entitled to payment for delivered equipment; set-off failed where the appellant hadn't cancelled contracts or proved defects.
Sale of goods — Delivery — Proof of delivery; Set-off (compensatio) — must be pleaded and proved, requires mutual, liquidated and due debts; Contract non-cancellation/mora — precludes set-off for non-delivery; Interest — runs from date of summons where no prior proper demand; Appellate review — will not disturb credible factual findings absent gross unreasonableness.
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30 March 2015 |
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Whether a single fatal stab during a scuffle constitutes actual intent or constructive intent and whether extenuation exists.
Criminal law – murder – distinction between actual and constructive intent – single fatal stab during scuffle – extenuating circumstances – sentence reduction from death to lengthy imprisonment – ownership and use of weapon.
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29 March 2015 |
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Appellant's dismissal for theft and unauthorised vehicle use upheld; reasons and mitigation opportunity found adequate.
Labour law — disciplinary dismissal — sufficiency of reasons in internal disciplinary findings — verdict 'guilty as charged' — proof of theft/fraud via documentary and witness evidence — opportunity to mitigate.
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23 March 2015 |
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Actual delivery triggers the three-month challenge period; apportionment by purchase contribution not contrary to public policy.
[Arbitration] Article 34(3) — receipt means actual delivery; Article 3 and 31 relevant to delivery. [Arbitration] Setting aside awards — public policy ground to be applied restrictively; requires palpable inequity/outrageous injustice. [Property/Lease] Apportionment of rental income may reflect parties' respective purchase contributions where those contributions reflect differing rentable value. [Civil procedure] Time runs from delivery, not mere advice that award is ready for collection.
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18 March 2015 |
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Arbitrator lacked jurisdiction to award relief for employees not before him; damages unsupported by evidence and dismissal upheld.
Labour law — arbitration jurisdiction and representation; procedural fairness in disciplinary hearings; applicable sectoral Collective Bargaining Agreement (S.I. 323/1993); assessment and quantum of damages for unfair dismissal; requirement for evidence and mitigation.
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9 March 2015 |
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High Court empowered to grant leave to sue where administrator unreasonably fails to act; appeal dismissed with costs.
Administrative Justice Act s3–s4 — relief for failure of administrative authority to act; High Court jurisdiction to review under other statutes (High Court Act s26); reviewable irregularity where administrator fails to act or give reasons; circumstances permitting court to grant relief rather than remit (delay, prejudice, foregone conclusion); Reconstruction Act s6(b) — leave to sue an entity under reconstruction; apportionment of costs.
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5 March 2015 |
| February 2015 |
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Conviction for vague contractual misconduct set aside; aiding theft conviction upheld where employee authorised removal of items not on gate pass.
Employment law – disciplinary proceedings – charges including theft, aiding stealing and vague contractual misconduct – appellate review of factual findings – conviction for unspecified contractual misconduct set aside; aiding theft conviction upheld where employee authorised removal of items not described on gate pass.
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25 February 2015 |
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Illegal sale agreement unenforceable, but court may relax in pari delicto to prevent unjust enrichment and remit for valuation.
Property law – sale of unsubdivided portion – s39 Regional Town and Country Planning Act – Stamp Duties Act – illegality of contract – ex turpi causa non oritur actio – in pari delicto maxim – prevention of unjust enrichment – restitution/remittal for valuation.
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22 February 2015 |
| January 2015 |
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Appellant’s agency, condition-precedent and impossibility defences fail; clear written contract and lack of objective impossibility justify summary judgment.
Contract law – interpretation and primacy of clear written terms; parol evidence/integration rule – extrinsic evidence not to contradict integrated agreement; agency – distinguishing independent distributor from agent and absence of privity; supervening impossibility (vis major/casus fortuitus) – objective impossibility required; summary judgment – requirement of bona fide defence; validity of affidavit – identification of commissioner of oaths.
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26 January 2015 |
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Supreme Court lacks jurisdiction under s 92F(3) where Labour Court dismissed leave application for procedural non-compliance rather than refusing it on the merits.
Labour Act s 92F – Appeals to Supreme Court – s 92F(3) requires prior refusal by Labour Court; procedural dismissal (Rule 36 non-compliance/condonation not sought) is not substantive refusal; Supreme Court lacks jurisdiction until Labour Court has refused leave on merits.
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22 January 2015 |
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A notice of appeal not stating whether it challenges whole or part is fatally defective and struck off the roll.
Civil procedure – Appeal – Supreme Court Rules r 29 – Notice of appeal must state whether appeal is against whole or part of judgment – Mandatory requirement – Failure to comply is fatal and cannot be amended – Matter struck off the roll.
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12 January 2015 |