Nagarajan & Anor v Four Seasons Resort (CA34 & 35/2018 (appeal from ET184 & 185/2014)) [2019] SCSC 686 (8 August 2019)

Nagarajan & Anor v Four Seasons Resort (CA34 & 35/2018 (appeal from ET184 & 185/2014)) [2019] SCSC 686 (8 August 2019)

Although the Employment Tribunal did not fully canvass the practicality of reinstatement, the passage of almost five years since the termination and the resulting delay render reinstatement impractical. The Tribunal's award of compensation in lieu of reinstatement is upheld.

Citation
[2019] SCSC 686
Parties
Appellant: Doreen Nagarajan; Appellant: Sylvia Lime; Respondent: Four Seasons Resort
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 August 2019
Case Number
CA34 & 35/2018 (appeal from ET184 & 185/2014)
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Unfair Termination, Reinstatement, Compensation, Remedies for Unfair Dismissal
Source Language
English
Employment Law Unfair Termination Reinstatement Compensation Remedies for Unfair Dismissal

Case Brief

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Parties

Doreen Nagarajan

Appellant

Sylvia Lime

Appellant

Four Seasons Resort

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether reinstatement is the primary remedy for unfair termination under the Employment Act
  2. 2 Whether the Employment Tribunal erred in not ordering reinstatement and instead awarding compensation
  3. 3 Whether delays in litigation can render reinstatement impractical

Ratio Decidendi

Although the Employment Tribunal did not fully canvass the practicality of reinstatement, the passage of almost five years since the termination and the resulting delay render reinstatement impractical. The Tribunal's award of compensation in lieu of reinstatement is upheld.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Parties to bear their own costs