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Citation
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Judgment date
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| October 2015 |
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Arbitrator confined to quantification of damages; salary and allowance adjusted; punitive damages set aside for misapplication and lack of evidence.
Labour law – arbitration mandate – quantification of damages in lieu of reinstatement – parties’ election and without-prejudice correspondence – correct net salary and contractual allowances – punitive damages under s 89(2)(c)(iii) – evidentiary basis for quantum
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20 October 2015 |
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Whether a jurisdictional objection must be by special plea or may be determined on exception when apparent from pleadings.
Civil procedure – Pleadings – Distinction between exceptions and special pleas – Rule 137 – Objection to jurisdiction ordinarily by special plea but may be decided on exception if defect apparent ex facie declaration and no prejudice to plaintiff – CBA-based claims and Labour Court jurisdiction left undecided
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20 October 2015 |
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An applicant waives grounds not raised before internal appeal; Labour Court may refuse new points raised only on review.
Labour law – internal remedies and appeal – raising new grounds on review – waiver – procedural fairness – Labour Court’s jurisdiction to refuse points raised for first time on appeal
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19 October 2015 |
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Termination of compliant fixed-term contracts with statutory notice is not automatically unfair; monetary claims require evidential proof.
Labour law – unfair dismissal – fixed-duration contracts – s 12B(2) vs s 12B(3) – statutory notice (s 12(4)(d)) – requirement of evidence for overtime/allowance claims – impermissibility of arbitrary back-pay awards without 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 |