Yunas Nourrice v Seychelles Port Authority (579) [2023] SCSC 579 (28 July 2023)
Signing a petition to remove the CEO without exhausting internal grievance procedures reflects seriously on the loyalty of the employee and causes serious prejudice to the employer’s undertaking, amounting to a disciplinary offence under the Employment Act. The employer discharged its burden of proof, and the dismissal was lawful.
- Citation
- [2023] SCSC 579
- Parties
- Applicant: Appellants; Respondent: Respondent
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 28 July 2023
- Case Number
- 579
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Summary Dismissal, Disciplinary Offence, Freedom of Expression, Internal Grievance Procedures, Right to Representation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Appellants
Applicant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether signing a petition to remove the CEO amounts to a serious disciplinary offence under the Employment Act
- 2 Whether the dismissal of the Appellants was lawful
- 3 Whether the Appellants were denied the right to legal representation during disciplinary proceedings
Ratio Decidendi
Signing a petition to remove the CEO without exhausting internal grievance procedures reflects seriously on the loyalty of the employee and causes serious prejudice to the employer’s undertaking, amounting to a disciplinary offence under the Employment Act. The employer discharged its burden of proof, and the dismissal was lawful.
Court Disposition
Appeal dismissed
Full Case Text
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