The Supreme Court of Seychelles upheld the tribunal’s legal findings on deductions, salary and leave, but set aside the award as a nullity for procedural irregularity.
Government of Seychelles v Dylan Padayachy ([2025] (SCA21/2024 & SCA05/2025 (CONSOLIDATED) (Arising from MC 97/ 2023)) [2025] SCCA 6 (22 April 2025)
Court
Court of Appeal
Case number
[2025] (SCA21/2024 & SCA05/2025 (CONSOLIDATED) (Arising from MC 97/ 2023)
The Court of Appeal allowed consolidated appeals, holding the Government was the proper POCA applicant, the respondent failed to rebut the presumption, and the contempt order was flawed.
Pillay v The Republic and Arumagam ((Criminal Appeal SCA CR 17/2024) [2025] (22 April 2025) (Arising in CO 59 of 2024)) [2025] SCCA 10 (22 April 2025)
Court
Court of Appeal
Case number
(Criminal Appeal SCA CR 17/2024) [2025] (22 April 2025) (Arising in CO 59 of 2024)
The Court of Appeal set aside bail conditions requiring a non-party employer to pay salary and food allowance to an accused, finding no fair hearing and no lawful basis.
Financial Services Authority v Jivan ((SCA 13/2024) [2024] (Arising in MC 04/2021)) [2024] SCCA 31 (18 December 2024)
Court
Court of Appeal
Case number
(SCA 13/2024) [2024] (Arising in MC 04/2021)
The Appellant had the statutory power to revoke the Respondent's fit and proper status and directorship without appointing an examiner, as the Respondent was not a licensee and the statutory provisions did not require such appointment. The Respondent was given adequate notice of the grounds for revocation and an opportunity to respond, thereby satisfying the requirements of procedural fairness and natural justice. The Supreme Court erred in finding procedural impropriety and illegality in the Appellant's decision.
Etienne v the Public Service Appeal Board (MC 46 of 2023) [2024] SCSC 188 (11 December 2024)
Court
Supreme Court
Case number
MC 46 of 2023
The PSAB acted ultra vires the Constitution by refusing to hear the petitioner's complaint regarding termination of employment, lacked authority to conduct an investigation instead of hearing the complaint, and breached natural justice by not affording the petitioner a hearing. The petitioner was entitled to writs of certiorari and mandamus.
Geffroy v Minister of Employment and Social Affairs & Anor (MC 33 of 2024) [2024] SCSC 169 (27 September 2024)
Court
Supreme Court
Case number
MC 33 of 2024
The Supreme Court of Seychelles granted leave for judicial review, finding the petitioner had sufficient interest and an arguable case under the supervisory rules.
Gregoire's Company Limited v Attorney General & Anor (MC 27 of 2021) [2024] SCSC 146 (21 June 2024)
Court
Supreme Court
Case number
MC 27 of 2021
Judicial review of a Minister’s decision to allow an out-of-time employment grievance was dismissed; the Court found no procedural unfairness or Wednesbury irrationality.
Bordino & Anor v Government of Seychelles & Anor (MA 196 of 2023 (Arising in CP 03 of 2023)) [2024] SCCC 4 (28 May 2024)
Court
Constitutional Court
Case number
MA 196 of 2023 (Arising in CP 03 of 2023)
The Constitutional Court of Seychelles refused leave to file a constitutional petition out of time, finding no sufficient cause and procedural non-compliance.
Prea v Family Tribunal (CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020))) [2024] SCSC 94 (27 March 2024)
Court
Supreme Court
Case number
CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020))
The Family Tribunal failed to follow due process by not framing a formal charge, not informing the appellant of the nature of the offence, and not providing adequate opportunity for defence or legal representation. The summary procedure was not justified in the circumstances, and the conviction was unsafe.