CO129-339 - Acting Governor May Governor Nathan - 1907 [1-3] — Page 345

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Enclosure 5.

341

14803

REGE 4 APR 07/

Opinion of the Attorney-General.

Proceedings before Executive Council are not governed by the rules of evidence which obtain at a Criminal trial.

The enquiry is like that held by an employer who suspects a servant of making underhand profits.

Such an employer is bound by certain rules -

(a) He must act on evidence as apart from mere matter of suspicion.

(b) He must act reasonably, and his conclusion must be such as a reasonable man might come to on the evidence.

Otherwise, if an action of wrongful dismissal is brought by the servant, the Court will give him damages against the master.

In such a case, any evidence admitted in a Civil Trial would be admissible, e.g., entries in account books kept in the course of business with reasonable regularity are admissible in corroboration of other evidence, Ordinance 3 of 1899, sec. 26 (1).

If there has been (a) evidence on which a civil court might act, (b) the employer has considered that evidence reasonably and has not dismissed his servant arbitrarily and capriciously, then the Court will certainly not interfere.

S. A. J. Gompertz,

Attorney-General.

15th February, 1907.

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Enclosure 5. 341 14803 REGE 4 APR 07/ Opinion of the Attorney-General. Proceedings before Executive Council are not governed by the rules of evidence which obtain at a Criminal trial. The enquiry is like that held by an employer who suspects a servant of making underhand profits. Such an employer is bound by certain rules - (a) He must act on evidence as apart from mere matter of suspicion. (b) He must act reasonably, and his conclusion must be such as a reasonable man might come to on the evidence. Otherwise, if an action of wrongful dismissal is brought by the servant, the Court will give him damages against the master. In such a case, any evidence admitted in a Civil Trial would be admissible, e.g., entries in account books kept in the course of business with reasonable regularity are admissible in corroboration of other evidence, Ordinance 3 of 1899, sec. 26 (1). If there has been (a) evidence on which a civil court might act, (b) the employer has considered that evidence reasonably and has not dismissed his servant arbitrarily and capriciously, then the Court will certainly not interfere. S. A. J. Gompertz, Attorney-General. 15th February, 1907.
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CAG ן. a.i 21 AL .T ། ་་ - 韦 3! 1 1. 1. 27 MI JELOR. ΔΟΡΥ. Enclosure 5. 341 14803 REGE 4 APR 07/ Opinion of the Attorney-General. Proceedings before Executive Council are not governed by the rules of evidence which obtain at & Criminal trial. The enquiry is like that held by an employer who suspects a servant of making underhand profits. Such an employer is bound by certain rules - (a) He must act on evidence as apart from mere matter of suspicion. (b) He must act reasonably, and his conclusion must be such as a reasonable man might come to on the evidence. Uther ise if an action of wrongful dismissal is brought by the servant the Court will give him damages against the master. In such a case any evidence admitted in a Civil Trial would be adaissiple 0.g. entries in account Dooks kept in the course of business with reasonable regularity are sinissible in corroboration of other evidence,uriinance 3 of 1989 sec. 26 (1). If there has been (a) @vilenco on which a civil court night act, (b) the employer has considered that evidence reasonably and has not dismissed his servant arbitrarily and cupriciously then the Court will certainly not interfere. ($).) a. a. J. Gompertz, Attorney-Generai. 15th.February, 1907. £
2026-06-03 14:21:54 · Baseline
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CAG

ן.

a.i

21 AL

.T

། ་་

-

韦

3!

1

1. 1. 27

MI JELOR.

ΔΟΡΥ.

Enclosure 5.

341

14803

REGE 4 APR 07/

Opinion of the Attorney-General.

Proceedings before Executive Council are not governed by

the rules of evidence which obtain at & Criminal trial.

The enquiry is like that held by an employer who suspects

a servant of making underhand profits.

Such an employer is bound by certain rules -

(a) He must act on evidence as apart from mere

matter of suspicion.

(b) He must act reasonably, and his conclusion must

be such as a reasonable man might come to on the evidence.

Uther ise if an action of wrongful dismissal is brought by

the servant the Court will give him damages against the master.

In such a case any evidence admitted in a Civil Trial

would be adaissiple 0.g. entries in account Dooks kept in the course of business with reasonable regularity are sinissible in corroboration

of other evidence,uriinance 3 of 1989 sec. 26 (1).

If there has been (a) @vilenco on which a civil court night act, (b) the employer has considered that evidence reasonably and

has not dismissed his servant arbitrarily and cupriciously then the

Court will certainly not interfere.

($).) a. a. J. Gompertz,

Attorney-Generai.

15th.February, 1907.

£

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