Kannus Supermarket v Uthrapathy (MA 200/2020) [2022] SCSC 1088 (15 March 2022)

Kannus Supermarket v Uthrapathy (MA 200/2020) [2022] SCSC 1088 (15 March 2022)

The Tribunal's amendment was a permissible clerical correction, not a substantive change. The awards of compensation and benefits were lawful under the Employment Act. The Tribunal's findings of fact were supported by the evidence and not perverse. Grounds of appeal lacked merit and were dismissed.

Source-derived case information.

Citation
[2022] SCSC 1088
Parties
Appellant: Kannus Supermarket; Respondent: Vaithiyanathan Uthrapathy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 March 2022 9 December 2022 15 March 2022
Case Number
MA 200/2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Employment Termination, Compensation, Correction of Judgments, Burden of Proof, Tribunal Procedure
Source Language
english
Employment Law Employment Termination Compensation Correction of Judgments Burden of Proof Tribunal Procedure

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Parties

Kannus Supermarket

Appellant

Vaithiyanathan Uthrapathy

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal was right to amend its judgment after delivery
  2. 2 Whether the awards of quantum and compensation were lawfully made
  3. 3 Whether the facts justified the Tribunal's findings

Ratio Decidendi

The Tribunal's amendment was a permissible clerical correction, not a substantive change. The awards of compensation and benefits were lawful under the Employment Act. The Tribunal's findings of fact were supported by the evidence and not perverse. Grounds of appeal lacked merit and were dismissed.

Court Disposition

Appeal dismissed

Orders

  • All grounds of appeal dismissed
  • Costs awarded to the Respondent