Application for Stay pending Arbitration - Whether request for arbitration – Whether words “Notice is imminent” negates request - Whether filing legal action amounts to election not to arbitrate.
CONTRACT – Lease – Representations- Whether oral collateral agreement that lease would be renewed – Whether oral collateral agreement that tenant would be compensated – Estoppel – Whether landlord estopped from exercising legal rights under terms of the Lease – Expert Evidence – Whether replacement cost at date of claim relevant.
Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.
Accusation of theft –Summary dismissal of employees – Failure to comply with the
Labour Relations Code – Offer of reinstatement – Meaning of reinstatement in fact
and law – Disciplinary hearings on same facts which triggered improper dismissals
– Propriety of condition subsequent to reinstatement – Definition of industrial
dispute – Whether there was an extant industrial dispute at time of Minister’s
referral – Need for second complaint after second dismissal – Minister’s referral
ultra vires s. 11A Labour Relations and Industrial Disputes Act
Employment - Dismissal – Fixed Term Contract providing for dismissal and for termination of engagement with notice or salary in lieu of notice - Claimant's employment terminated without notice – Salary in lieu of notice and additional payments given – Whether Claimant dismissed for cause
No evidence presented in support of Defence - Whether court obliged to accept Claimant’s account.
