Young-Kon v Islam (CA13/2020 (arising in ET 76/2019)) [2021] SCSC 1022 (20 October 2021)

Young-Kon v Islam (CA13/2020 (arising in ET 76/2019)) [2021] SCSC 1022 (20 October 2021)

The Employment Tribunal did not err in awarding food allowance as it was a live issue and within its discretion under Schedule 6(7); section 60(2) and Schedule 6 are not interdependent, and failure to comply with section 60(2) is not fatal to the process where termination is disputed; the Tribunal's factual findings...

Source-derived case information.

Citation
[2021] SCSC 1022
Parties
Appellant: Selby Young-Kon; Respondent: Monirul Islam
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 October 2021
Case Number
CA13/2020 (arising in ET 76/2019)
Procedural Posture
Employment Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Termination of Employment, Employment Contract, Minimum Wage, Overtime Pay, Public Holidays, Food Allowance, Tribunal Procedure, Ultra Petita, Notice Requirements
Source Language
english
Employment Law Termination of Employment Employment Contract Minimum Wage Overtime Pay Public Holidays Food Allowance Tribunal Procedure +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Selby Young-Kon

Appellant

Monirul Islam

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding food allowance as ultra petita
  2. 2 Whether compliance with section 60(2) of the Employment Act is mandatory before invoking Schedule 6
  3. 3 Whether the Tribunal erred in its factual findings regarding termination, overtime, public holidays, and compensation

Ratio Decidendi

The Employment Tribunal did not err in awarding food allowance as it was a live issue and within its discretion under Schedule 6(7); section 60(2) and Schedule 6 are not interdependent, and failure to comply with section 60(2) is not fatal to the process where termination is disputed; the Tribunal's factual findings were reasonable and supported by evidence, and there is no basis for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Costs awarded to the Respondent