Savoy v Jackson (CA 06/2021) [2021] SCSC 1032 (27 October 2021)

Savoy v Jackson (CA 06/2021) [2021] SCSC 1032 (27 October 2021)

The Tribunal's finding on the number of days of annual leave due was correct, but the calculation of the salary for the purpose of computing the cash equivalent of 31 days annual leave was unclear and not properly explained. The matter is remitted to the Employment Tribunal to clarify the calculation method.

Citation
[2021] SCSC 1032
Parties
Appellant: Savoy Development Limited; Respondent: Leonard Jackson
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 October 2021
Case Number
CA 06/2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Annual Leave Calculation, Employment Termination, Remittal to Tribunal
Source Language
English
Employment Law Annual Leave Calculation Employment Termination Remittal to Tribunal

Case Brief

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Parties

Savoy Development Limited

Appellant

Leonard Jackson

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in calculating annual leave based on gross or net salary
  2. 2 Whether the Tribunal properly evaluated the termination dues and leave entitlement
  3. 3 Whether the Tribunal considered the impact of the COVID-19 pandemic on leave entitlement

Ratio Decidendi

The Tribunal's finding on the number of days of annual leave due was correct, but the calculation of the salary for the purpose of computing the cash equivalent of 31 days annual leave was unclear and not properly explained. The matter is remitted to the Employment Tribunal to clarify the calculation method.

Court Disposition

appeal allowed in part

Orders

  • Matter remitted to the Employment Tribunal to deal with the issue of calculation of salary for the purpose of computing 31 days paid annual leave due to the respondent.