Pillay vs Indian Ocean Tuna Ltd and another (CA 54.2012) [2014] SCSC 182 (2 May 2014)

Pillay vs Indian Ocean Tuna Ltd and another (CA 54.2012) [2014] SCSC 182 (2 May 2014)

The appeal is dismissed because the matter is res judicata, having already been determined by the ITZ Employment Council, and the plaint discloses no cause of action against the 2nd Respondent.

Citation
[2014] SCSC 182
Parties
Appellant: Micheal Pillay; 1st Respondent: Indian Ocean Tuna Ltd; 2nd Respondent: Seychelles International Business Authority
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 May 2014
Case Number
CA 54.2012
Procedural Posture
Civil Appeal / Judgment on Appeal From Magistrates Court
Outcome
Appeal dismissed
Legal Topics
Unlawful Termination, Res Judicata, Plea in Limine Litis, Cause of Action
Source Language
English
Employment Law Civil Procedure Unlawful Termination Res Judicata Plea in Limine Litis Cause of Action

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Parties

Micheal Pillay

Appellant

Indian Ocean Tuna Ltd

1st Respondent

Seychelles International Business Authority

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Magistrates Court

Legal Issues

  1. 1 Whether the matter is res judicata due to prior determination by the ITZ Employment Council
  2. 2 Whether the plaint discloses a cause of action against the 2nd Respondent
  3. 3 Whether the Magistrate erred in dismissing the matter on a plea in limine litis

Ratio Decidendi

The appeal is dismissed because the matter is res judicata, having already been determined by the ITZ Employment Council, and the plaint discloses no cause of action against the 2nd Respondent.

Court Disposition

Appeal dismissed

Orders

  • Case against 2nd Respondent dismissed
  • No order as to costs