Sheila Bastienne v Island Conservation Society (Appeal 13 of 2021) [2023] SCSC 111 (13 February 2023)

Sheila Bastienne v Island Conservation Society (Appeal 13 of 2021) [2023] SCSC 111 (13 February 2023)

The termination of the Appellant's employment was unjustified because the employer failed to satisfy the requirement of procedural fairness under section 53 of the Employment Act by not allowing the Appellant to be present at the disciplinary hearing, thereby breaching the rules of natural justice.

Citation
[2023] SCSC 111
Parties
Appellant: [Name Redacted]; Respondent: [Name Redacted]
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 February 2023
Case Number
Appeal 13 of 2021
Procedural Posture
Employment Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal allowed in part; termination found unjustified due to procedural unfairness.
Legal Topics
Unfair Dismissal, Procedural Fairness, Natural Justice, Disciplinary Procedure
Source Language
English
Employment Law Unfair Dismissal Procedural Fairness Natural Justice Disciplinary Procedure

Case Brief

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Parties

[Name Redacted]

Appellant

[Name Redacted]

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the termination of the Appellant's employment was justified in law and fact
  2. 2 Whether the disciplinary procedure under section 53 of the Employment Act was properly followed
  3. 3 Whether the rules of natural justice were breached in the disciplinary process

Ratio Decidendi

The termination of the Appellant's employment was unjustified because the employer failed to satisfy the requirement of procedural fairness under section 53 of the Employment Act by not allowing the Appellant to be present at the disciplinary hearing, thereby breaching the rules of natural justice.

Court Disposition

Appeal allowed in part; termination found unjustified due to procedural unfairness.

Orders

  • Ground 2 of Appeal is upheld.
  • Matter remitted to the Employment Tribunal for computation of Appellant’s employment benefits due to unjustified dismissal.