Burrill and Another v Schrader and Another

JurisdictionCaribbean States
CourtCourt of Appeal (Eastern Caribbean States)
Judgment Date1995
Date1995
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23 cases
  • Carlisle Jno. Baptiste Claimant v Island Communication Corporation Ltd (Kairi FM) 1 Defendant Frankie Bellot 2 Defendant [ECSC]
    • Dominica
    • High Court (Dominica)
    • 9 March 2012
    ...not first bound to exhaust the procedure under The Protection of Employment Act. In support of this position counsel cites the case ofBurrill v Schraider 50 WIR 193. In that case the employees sought damages for unfair or wrongful dismissal. The employees resisted on the basis that the empl......
  • Cleave Farrington Claimant v Citco B.v.I. Ltd Defendant
    • British Virgin Islands
    • High Court (British Virgin Islands)
    • 5 July 2012
    ...George v British Virgin Islands Ports Authority (BVI Civil Appeal No. 28 of 2006) (Barrow J.A) in which the court adopted and followed Burrill v. Schrader (1995) 50 WIR 193. (Sir Vincent Flossiac CJ) to the effect that unfair dismissal does not exist as a concept of common law but was creat......
  • Bryon Smith Appellant v British Virgin Islands Electricity Corporation Respondent
    • British Virgin Islands
    • Court of Appeal (British Virgin Islands)
    • 12 January 2009
    ...v British Virgin Islands Ports Authority British Virgin Islands Civil Appeal No. 28 of 2006, which considered and applied Burrill & Another v Schrader and Another (1995) 50 WIR 193 , followed. 2. The court cannot disregard the legislative intention to restrict a subject's right of access ......
  • Deca Penn Claimant v Scotiabank (British Virgin Islands) Ltd Defendant
    • British Virgin Islands
    • High Court (British Virgin Islands)
    • 28 February 2013
    ...the Courts have acknowledged that an employee's statutory entitlement co-exists with his rights under the common law. 18 In Burrill and Another v Schrader and Another6 the Court of Appeal definitely clarified the relationship between the common law and statute thusly "A statute should not b......
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