Principle

CIVIL PROCEDURE — Fundamental Rights Enforcement — Ancillary Relief — Reinstatement Not Available Where Principal Claim Is Wrongful Dismissal

Area of law
CIVIL PROCEDURE
Court
Supreme Court

If the principal claim is wrongful dismissal (which must be commenced by writ of summons), any ancillary claims, including fundamental rights allegations, are also incompetent under the Fundamental Rights Rules. The court cannot sever the fundamental rights aspect from the wrongful dismissal claim. The entire…

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