MA & Sun Trading Co. Ltd v Sudama (CA 19/2020) [2021] SCSC 942 (9 July 2021)

MA & Sun Trading Co. Ltd v Sudama (CA 19/2020) [2021] SCSC 942 (9 July 2021)

The Tribunal's findings were based on credible evidence, proper application of the law, and the claims were properly before the Tribunal. There was no error in awarding salary adjustment or overtime, and the appellate court will not interfere with factual findings absent perversity or arbitrariness.

Citation
[2021] SCSC 942
Parties
Appellant: MA & Sun Trading Co. Ltd; Respondent: Yadav Sudama
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 July 2021
Case Number
CA 19/2020
Procedural Posture
Appeal From Employment Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Minimum Wage, Overtime Pay, Employment Contract, Annual Leave, Food Allowance, Repatriation Costs, Tribunal Procedure, Ultra Petita
Source Language
English
Employment Law Minimum Wage Overtime Pay Employment Contract Annual Leave Food Allowance Repatriation Costs Tribunal Procedure +1 more

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Parties

MA & Sun Trading Co. Ltd

Appellant

Yadav Sudama

Respondent

Procedural Posture

Appeal From Employment Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding adjustment of salary allegedly not claimed (ultra petita)
  2. 2 Whether the Tribunal erred in its findings and award regarding overtime pay
  3. 3 Whether the Tribunal failed to consider or misapplied evidence regarding annual leave and other emoluments

Ratio Decidendi

The Tribunal's findings were based on credible evidence, proper application of the law, and the claims were properly before the Tribunal. There was no error in awarding salary adjustment or overtime, and the appellate court will not interfere with factual findings absent perversity or arbitrariness.

Court Disposition

Appeal dismissed

Orders

  • Employment Tribunal's award upheld
  • Appellant to pay adjustment of salary from 16th March 2017 to 12th February 2020 in the sum of SR 86,351.24