Isaac v Seychelles Marketing Board (CS 78/2002) [2004] SCSC 29 (23 January 2004)

Isaac v Seychelles Marketing Board (CS 78/2002) [2004] SCSC 29 (23 January 2004)

The Plaintiff's claim for moral damages is not maintainable as the alleged breach of trust forms the basis of the unjustified termination for which remedy has already been sought and obtained under the Employment Act; it does not constitute a separate delict.

Citation
[2004] SCSC 29
Parties
Plaintiff: Isaac; Defendant: Seychelles Marketing Board
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 January 2004
Case Number
CS 78/2002
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
Plea in limine upheld; Plaintiff's claim for moral damages dismissed.
Legal Topics
Unjustified Termination, Moral Damages, Jurisdiction, Delictual Actions
Source Language
English
Employment Law Tort Law Unjustified Termination Moral Damages Jurisdiction Delictual Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Isaac

Plaintiff

Seychelles Marketing Board

Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether a claim for moral damages is maintainable after compensation under the Employment Act
  2. 2 Whether the alleged breach of trust constitutes a separate delict apart from unjustified termination

Ratio Decidendi

The Plaintiff's claim for moral damages is not maintainable as the alleged breach of trust forms the basis of the unjustified termination for which remedy has already been sought and obtained under the Employment Act; it does not constitute a separate delict.

Court Disposition

Plea in limine upheld; Plaintiff's claim for moral damages dismissed.

Orders

  • Plea in limine litis upheld
  • No further claim for moral damages maintainable