Labiche v Kolsh (CA 14(A)/2011) [2018] SCSC 8072 (13 February 2018)

Labiche v Kolsh (CA 14(A)/2011) [2018] SCSC 8072 (13 February 2018)

The Tribunal erred in allocating the burden of proof solely to the appellant, contrary to statutory requirements that place the burden on the employer to prove payment where records are lacking. The appellant's evidence was sufficient in the absence of rebuttal or records from the respondent. The appeal is allowed and the appellant is awarded salaries for overtime, transport allowance, and costs.

Citation
[2018] SCSC 8072
Parties
Appellant: Jane Labiche; Respondent: Marie-Mai Kolsh
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 February 2018
Case Number
CA 14(A)/2011
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Tribunal
Outcome
appeal allowed
Legal Topics
Burden of Proof, Terminal Benefits, Annual Leave, Transport Allowance, Overtime Pay
Source Language
English
Employment Law Burden of Proof Terminal Benefits Annual Leave Transport Allowance Overtime Pay

Case Brief

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Parties

Jane Labiche

Appellant

Marie-Mai Kolsh

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the appellant's claims for accrued leave, overtime, and transport allowance
  2. 2 Whether the burden of proof was correctly allocated between employer and employee

Ratio Decidendi

The Tribunal erred in allocating the burden of proof solely to the appellant, contrary to statutory requirements that place the burden on the employer to prove payment where records are lacking. The appellant's evidence was sufficient in the absence of rebuttal or records from the respondent. The appeal is allowed and the appellant is awarded salaries for overtime, transport allowance, and costs.

Court Disposition

appeal allowed

Orders

  • Appellant awarded salaries at 1.5 day's pay for 3 Saturdays worked
  • Appellant awarded salaries at 2 days' pay for 7 Sundays and public holidays worked