Servina v Naval Services Ltd. (CA 33/2014) [2016] SCSC 113 (26 February 2016)

The appellant's refusal to allow a search constituted a disciplinary offence but, as it was a first and minor offence in over five years of employment, summary dismissal without notice or compensation was disproportionate and unfair. The appropriate measure was termination with notice or pay in lieu and payment of accrued benefits.

Citation: [2016] SCSC 113
Parties: Appellant: Naddy Servina; Respondent: Naval Services Ltd
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 26 February 2016
Case Number: CA 33/2014
Procedural Posture: Civil Appeal / Judgment on Appeal From Employment Tribunal
Outcome: appeal allowed
Legal Topics: Summary Dismissal, Disciplinary Offences, Termination of Employment, Proportionality of Disciplinary Measures
Source Language: English

Employment Law Summary Dismissal Disciplinary Offences Termination of Employment Proportionality of Disciplinary Measures

Case Brief

Summary, issues, holding and outcome

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Parties

Naddy Servina

Appellant

Naval Services Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

1 Whether the summary dismissal of the appellant was justified in law and fact
2 Whether the disciplinary measure imposed was fair and reasonable in the circumstances

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Order of the Tribunal set aside
Termination of employment substituted with one month's pay in lieu of notice and any pro-rata compensation due and unpaid at the date of termination, in addition to pay for days worked in April 2014 and pay for leave earned and not taken