21-Dec-09
START DATE
END DATE
21-Dec-09
Island Engineering Ltd. v Derek Bradshaw
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL ENGINEERING
Richard Ground
Mr. Froomkin QC
Mr. James
FACTS OF THE CASE:
Dispute over unpaid rent cleaning and tools costs and unpaid overtime. Original plaintiff's claim for unpaid rent accepted but claim for legal costs for letter not adequately pleaded. Counterclaim on overtime remuneration misinterpreted by acting magistrate regarding Employment Act's allowance for parties to contract out of default overtime compensation rules.
SUMMARY:
Whether the Employment Act allows for contracting out of default overtime rules; adequacy of pleading for legal costs; proper inquiry into airline ticket claim.
OUTCOMES:
Appeal allowed in part; judgment on plaintiff's claim for rent upheld judgment on counterclaim for overtime and airline ticket set aside counterclaim remitted for retrial.
RULED IN FAVOUR OF:
Plaintiff/Claimant for rent; Defendant for remittal of counterclaim
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Island Engineering Ltd. v Derek Bradshaw
Dispute over unpaid rent cleaning and tools costs and unpaid overtime. Original plaintiff's claim for unpaid rent accepted but claim for legal costs for letter not adequately pleaded. Counterclaim on overtime remuneration misinterpreted by acting magistrate regarding Employment Act's allowance for parties to contract out of default overtime compensation rules.