Brown and Company Limited v. The Commissioner of Labour et al. – SC APPEAL NO. 84/2011-2016

In the case between Brown and Company Limited and The Commissioner of Labour and others, the court addressed whether acceptance of gratuity for an initial period of employment bars any further claim for gratuity for that period, the characterization of service continuity under renewed fixed-term contracts under the Payment of Gratuity Act No. 12 of 1983, and the legality of reopening an already concluded labour inquiry. It was held that receipt of gratuity upon retirement for the first segment of service estops further claims for that period. Additionally, it was determined that immediately re-engaging under fixed-term contracts did not constitute continuous service for the purposes of further gratuity entitlement. The reopening of a previously concluded inquiry was found to be unlawful, r

REF: SC APPEAL NO. 84/2011-2016 Category: Tag:
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