labour officer confirmationterminal benefitsprescriptionleave days
legislation
Statutes Cited
Labour Act [Chapter 28:01]
Labour Act [Chapter 28:01]
Labour Act (as amended)
ai analysis
Case Summary
Key Issues
{"issue_text":"Does prescription apply to Machaba's claim for 2010-2011 period?","issue_type":"procedural","dispositive":"no","related_facts":"Continuous employment from 2010-2015, intended 2011 termination reversed"}
{"issue_text":"Was labour officer correct in awarding 80 days cash in lieu of leave?","issue_type":"mixed","dispositive":"no","related_facts":"Only 2 months leave recorded, no evidence of additional leave taken"}
{"issue_text":"What is correct compensation for loss of employment under section 12C(2)?","issue_type":"law","dispositive":"yes","related_facts":"4 years 7 months service at $832/month salary"}
{"issue_text":"Were 5 August 2015 days properly awarded as additional salary?","issue_type":"fact","dispositive":"no","related_facts":"Notice given 5 August, letter dated 31 August"}
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background
Facts of the Case
Background
Machaba, employed as legal secretary from December 2010 to October 2015, claimed terminal benefits and outstanding leave days after termination on notice. The labour officer awarded her $4507, but respondent disputed jurisdiction, prescription, and quantum of leave days and compensation.
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