Public Utilities Company v Savy (CA 23/2020) [2021] SCSC 1002 (29 September 2021)

Public Utilities Company v Savy (CA 23/2020) [2021] SCSC 1002 (29 September 2021)

The Employment Tribunal erred in concluding that the termination letter did not specify the serious disciplinary offence. The appellant's letters, read together, provided sufficient notice and justification for termination based on gross insubordination as defined under Schedule 2 Part II of the Employment Act.

Citation
[2021] SCSC 1002
Parties
Appellant: Public Utilities Company; Respondent: Davis Savy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 September 2021
Case Number
CA 23/2020
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Disciplinary Procedures, Termination of Employment, Serious Disciplinary Offence, Insubordination
Source Language
English

Case Brief

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Parties

Public Utilities Company

Appellant

Davis Savy

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

  1. 1 Whether the Employment Tribunal erred in awarding compensation to the respondent for termination without proper notice of disciplinary offence
  2. 2 Whether the termination letter must specify the offence under Schedule 2 Part II of the Employment Act

Ratio Decidendi

The Employment Tribunal erred in concluding that the termination letter did not specify the serious disciplinary offence. The appellant's letters, read together, provided sufficient notice and justification for termination based on gross insubordination as defined under Schedule 2 Part II of the Employment Act.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.