Appeal against the decision of Supreme Court dismissing an appeal from the Employment Tribunal on the grounds that Counsel had not filed arguments supporting the memorandum of appeal – Rule 20, Supreme Court Appeal Rules - the court must consider the record and make an order even in absence of the appellant or arguments
IN THE SEYCHELLES COURT OF APPEAL
Termination of employment – claim for reinstatement – calculation of terminal benefits
DODIN J.
ORDER
REASONS FOR RULING DELIVERED ON 07 AUGUST 2020
JUDGMENT
TWOMEY JA
DODIN J
[1] The Applicant is appealing the judgment of this Court delivered on 16th July 2018 which dismissed the Applicant’s appeal from a judgment of the Employment Tribunal delivered on 24th October, 2017. The grounds of appeal before the Court of Appeal are :
i. “The learned judge erred in law on the evidence in awarding compensation to the Respondent;
ii. The learned judge erred in law in failing to consider the reasonable excuse given by the Appellant for non-appearance of lawyer;
Tort law: Claim of damages arising out of employment relationship – Articles 1382, 1384 of the Civil Code (CAP 33).
ANDRE J
Introduction
Employment law: Bonding Agreement - Plea in limine litis - jurisdiction of Magistrate's Court in employment matters - whether employment-related matter reserved exclusively for Employment Tribunal or whether triable by Magistrate's Court.
Employment law: Bonding Agreement - Plea in limine litis - jurisdiction of Magistrate's court in employment matters - whether employment-related matter reserved exclusively for Employment Tribunal or whether triable by Magistrate's Court.
