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Waiver in Constructive Dismissal Cases

Waiver in Constructive Dismissal Cases

For constructive dismissal cases, it would amount to a waiver of the purported breach if an employee does not leave his/her employment within a reasonable time (or appropriate point in time[1]) after an employer’s purported breach of the employment contract. Support...

Substituted Service Application

In civil proceedings: (a) A Plaintiff has a legal obligation to serve his/her/its Originating Summons or Writ on a Defendant;[1] (b) A Defendant has a legal obligation to serve his/her/its Defence and Counterclaim on an additional party[2] if the Defendant files a...

Compensation for Wrongful Entry of Caveat

Section 329(1) of the National Land Code provides the following: “Compensation for wrongful caveats, and limitation on repeated applications (1) Any person or body who, wrongfully or without reasonable cause, secures the entry of, or fails to withdraw, any private...
Retrenchment vs Closure of Business

Retrenchment vs Closure of Business

Both retrenchment and closure of business are exercises of managerial powers. However, neither can be undertaken for any collateral reason[1] (e.g. to victimise an employee). So how does retrenchment differ from a closure of business? Retrenchment The Company...