No statute, regulation or statutory instrument was expressly mentioned. The Labour Court’s jurisdiction to award damages in lieu of reinstatement is impliedly rooted in the Labour Act [Chapter 28:01], but no section was quoted or interpreted.
ai analysis
Case Summary
Key Issues
{"issue_text":"What is the correct quantum of damages due to applicant","issue_type":"mixed","dispositive":"yes","related_facts":"Previous reinstatement order, respondent's election to pay damages"}
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background
Facts of the Case
Background
The applicant had been previously awarded reinstatement or damages in lieu by the Labour Court on 3 September 2010. The respondent elected to pay damages but parties could not agree on quantum, leading to this assessment application.
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