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  JUDGMENTS 

Industrial Court decisions:
1965 - present

 

   

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Overview of Judgments

The following judgments were delivered for the period January – June, 2013. These are available at the Industrial Court Library in the North or our sister South Branch. The subject areas covered are outlined below:.

January 2013

  • Suspension indefinite – unreasonable – contrary to good industrial relations practice – damages.
  • Assessment – performance appraisal – failure to follow performance guide – contrary to good industrial relations practice – damages.
  • Dismissal – gross negligence – contrary to good industrial relations practice – damages.
  • Industrial relations offence – Failure to promote – vacant position – Company to pay fine.
  • Costs – no exceptional circumstances – denied.
February 2013
  • Dismissal – harsh and oppressive – contrary to good industrial relations practice – supplementary hearing fixed for award.
  • Dismissal – working while on injury leave – contrary to good industrial relations practice.
  • Dismissal – allegations of misconduct – no opportunity to be heard – damages.
  • Dismissal – unfair – threats made to owner – no opportunity to be heard – contrary to good industrial relations practice – damages.

March 2013

  • Dismissal – misuse of company’s equipment – compensation awarded.
  • Dismissal – resignation letter coerced – damages awarded.
  • Redundancy – severance pay – not inaccurate – case dismissed.
  • Dismissal – disciplinary procedure flawed – contrary to good industrial relations practice.
  • Suspension without pay – for sick leave not exhausted – contrary to good industrial relations practice.
  • Industrial relations offence – failure to pay wages – upheld.
  • Unfair Dismissal
  • Suspension without pay – upheld – unjustified for 6 other workers.
  • Summary dismissal.

April 2013

  • Promotion failure to – contrary to good industrial relations practice.
  • Dismissal – dishonesty – upheld.
  • Application for changes replies – case dismissed.
  • Retrenchment – unjustified.
  • Dismissal – theft of foodstuff – upheld.
  • Dismissal – contrary to good industrial relations practice – not job abandonment.

May 2013

  • Dismissal – theft – dispute dismissed.
  • Dismissal – Maternity Protection Act.
  • Joiner – Oral judgment – official receiver ordered  – joined to trade dispute.
  • Unfair Dismissal – on injury leave – contrary to good industrial relations practice.

June 2013

  • Dismissal – contrary to good industrial relations practice.
  • Award of compensation.
  • Dismissal – fighting outside the workplace – reinstatement ordered
  • Breakdown in negotiations – new collective agreements.

Search the Library's judgment database for more information.