Civil Law A.’s appeal dismissed. Appeal against J.’s finding of contributory negligence and assessment of 30% liability; failure to award damages for Future Loss of Earnings, Loss of ability to carry out DIY, Loss of salary-2018 to 2023; quantum of damages for Loss of Earning Capacity too low Held: Appellate Court does not interfere with judge’s findings of facts, unless judge is wrong in principle, having heard all the witnesses, has misapprehended the facts or is otherwise plainly wrong. Contributory negligence: 2nd R. conducted safety briefings- warning to stay 3-5 from operating excavator; in standing 1 m. from operating excavator A. in dangerous position- careless. J.’s assessment of 30% liability not plainly wrong. Loss of Future Earnings; in choosing to resign from R.’s employment, leaving Brunei to return to Indonesia, two years after returning to work on full salary performing ‘light duties’, A. chose ‘risk of unemployment’, which occurred: A. did not mitigate his loss. J entitled to dismiss his claim. Loss of ability to carry out DIY- J. entitled to find no evidence to support claim. Loss of salary, overtime and benefits- September 2018-2023: J entitled to reject claim on basis of A’s choice to resign from R’s employment, leave Brunei and return to Indonesia with associated ‘risk of unemployment’. Loss of Earning Capacity-quantum: J.’s award of B$40,000 was amount sought by A. at trial. J. not plainly wrong. Costs: parties directed to file written submissions.

Civil Law: Employer’s appeal against award of damages of $36,350.81 to former Employee for wrongful termination of employment allowed. Employer’s appeal against award in counterclaim of damages of $27,041.25 to Employer, reduced from claim of $53,535, against former Employee, for breach of Employee’s obligations and duties in procuring IT equipment and services for Employer, dismissed. Costs: Employer’s costs of appeal against award of damages to former Employee and before the judge; Counterclaim-Employee’s costs on Employer’s unsuccessful appeal on counterclaim; no order on judge’s order of costs to Employer for counterclaim. – Employee dismissed following Employer’s Disciplinary Inquiry on grounds of Dishonesty – gross Misconduct – Dismissal challenged on basis that a proper inquiry had not been conducted in breach of the principles of natural justice; – Court made no finding of breach of principles of natural justice; – Court nonetheless went on to revisit Disciplinary Inquiry’s view of the merits of the dismissal; – Whether Judge had dealt with an Issue not before the Court – Judge reduced Employer’s counterclaim on various grounds including “the principle of accountability”, akin to contributory negligence; – Management and supervision failures of Employer found as facts; – Whether open to the Judge to reduce the Counterclaim on the ground of contributory negligence and other matters showing that the Employee was not responsible for the failings or that responsibility should be apportioned.

Civil Law A.’s appeal dismissed. Appeal against J.’s finding of contributory negligence and assessment of 30% liability; failure to award damages for Future Loss of Earnings, Loss of ability to carry out DIY, Loss of salary-2018 to 2023; quantum of damages for Loss of Earning Capacity too low Held: Appellate Court does not interfere with judge’s findings of facts, unless judge is wrong in principle, having heard all the witnesses, has misapprehended the facts or is otherwise plainly wrong. Contributory negligence: 2nd R. conducted safety briefings- warning to stay 3-5 from operating excavator; in standing 1 m. from operating excavator A. in dangerous position- careless. J.’s assessment of 30% liability not plainly wrong. Loss of Future Earnings; in choosing to resign from R.’s employment, leaving Brunei to return to Indonesia, two years after returning to work on full salary performing ‘light duties’, A. chose ‘risk of unemployment’, which occurred: A. did not mitigate his loss. J entitled to dismiss his claim. Loss of ability to carry out DIY- J. entitled to find no evidence to support claim. Loss of salary, overtime and benefits- September 2018-2023: J entitled to reject claim on basis of A’s choice to resign from R’s employment, leave Brunei and return to Indonesia with associated ‘risk of unemployment’. Loss of Earning Capacity-quantum: J.’s award of B$40,000 was amount sought by A. at trial. J. not plainly wrong. Costs: parties directed to file written submissions.

Civil Law: Employer’s appeal against award of damages of $36,350.81 to former Employee for wrongful termination of employment allowed. Employer’s appeal against award in counterclaim of damages of $27,041.25 to Employer, reduced from claim of $53,535, against former Employee, for breach of Employee’s obligations and duties in procuring IT equipment and services for Employer, dismissed. Costs: Employer’s costs of appeal against award of damages to former Employee and before the judge; Counterclaim-Employee’s costs on Employer’s unsuccessful appeal on counterclaim; no order on judge’s order of costs to Employer for counterclaim. – Employee dismissed following Employer’s Disciplinary Inquiry on grounds of Dishonesty – gross Misconduct – Dismissal challenged on basis that a proper inquiry had not been conducted in breach of the principles of natural justice; – Court made no finding of breach of principles of natural justice; – Court nonetheless went on to revisit Disciplinary Inquiry’s view of the merits of the dismissal; – Whether Judge had dealt with an Issue not before the Court – Judge reduced Employer’s counterclaim on various grounds including “the principle of accountability”, akin to contributory negligence; – Management and supervision failures of Employer found as facts; – Whether open to the Judge to reduce the Counterclaim on the ground of contributory negligence and other matters showing that the Employee was not responsible for the failings or that responsibility should be apportioned.

Civil Law A.’s appeal dismissed. Appeal against J.’s finding of contributory negligence and assessment of 30% liability; failure to award damages for Future Loss of Earnings, Loss of ability to carry out DIY, Loss of salary-2018 to 2023; quantum of damages for Loss of Earning Capacity too low Held: Appellate Court does not interfere with judge’s findings of facts, unless judge is wrong in principle, having heard all the witnesses, has misapprehended the facts or is otherwise plainly wrong. Contributory negligence: 2nd R. conducted safety briefings- warning to stay 3-5 from operating excavator; in standing 1 m. from operating excavator A. in dangerous position- careless. J.’s assessment of 30% liability not plainly wrong. Loss of Future Earnings; in choosing to resign from R.’s employment, leaving Brunei to return to Indonesia, two years after returning to work on full salary performing ‘light duties’, A. chose ‘risk of unemployment’, which occurred: A. did not mitigate his loss. J entitled to dismiss his claim. Loss of ability to carry out DIY- J. entitled to find no evidence to support claim. Loss of salary, overtime and benefits- September 2018-2023: J entitled to reject claim on basis of A’s choice to resign from R’s employment, leave Brunei and return to Indonesia with associated ‘risk of unemployment’. Loss of Earning Capacity-quantum: J.’s award of B$40,000 was amount sought by A. at trial. J. not plainly wrong. Costs: parties directed to file written submissions.

Civil Law: Employer’s appeal against award of damages of $36,350.81 to former Employee for wrongful termination of employment allowed. Employer’s appeal against award in counterclaim of damages of $27,041.25 to Employer, reduced from claim of $53,535, against former Employee, for breach of Employee’s obligations and duties in procuring IT equipment and services for Employer, dismissed. Costs: Employer’s costs of appeal against award of damages to former Employee and before the judge; Counterclaim-Employee’s costs on Employer’s unsuccessful appeal on counterclaim; no order on judge’s order of costs to Employer for counterclaim. – Employee dismissed following Employer’s Disciplinary Inquiry on grounds of Dishonesty – gross Misconduct – Dismissal challenged on basis that a proper inquiry had not been conducted in breach of the principles of natural justice; – Court made no finding of breach of principles of natural justice; – Court nonetheless went on to revisit Disciplinary Inquiry’s view of the merits of the dismissal; – Whether Judge had dealt with an Issue not before the Court – Judge reduced Employer’s counterclaim on various grounds including “the principle of accountability”, akin to contributory negligence; – Management and supervision failures of Employer found as facts; – Whether open to the Judge to reduce the Counterclaim on the ground of contributory negligence and other matters showing that the Employee was not responsible for the failings or that responsibility should be apportioned.

Civil Law A.’s appeal dismissed. Appeal against J.’s finding of contributory negligence and assessment of 30% liability; failure to award damages for Future Loss of Earnings, Loss of ability to carry out DIY, Loss of salary-2018 to 2023; quantum of damages for Loss of Earning Capacity too low Held: Appellate Court does not interfere with judge’s findings of facts, unless judge is wrong in principle, having heard all the witnesses, has misapprehended the facts or is otherwise plainly wrong. Contributory negligence: 2nd R. conducted safety briefings- warning to stay 3-5 from operating excavator; in standing 1 m. from operating excavator A. in dangerous position- careless. J.’s assessment of 30% liability not plainly wrong. Loss of Future Earnings; in choosing to resign from R.’s employment, leaving Brunei to return to Indonesia, two years after returning to work on full salary performing ‘light duties’, A. chose ‘risk of unemployment’, which occurred: A. did not mitigate his loss. J entitled to dismiss his claim. Loss of ability to carry out DIY- J. entitled to find no evidence to support claim. Loss of salary, overtime and benefits- September 2018-2023: J entitled to reject claim on basis of A’s choice to resign from R’s employment, leave Brunei and return to Indonesia with associated ‘risk of unemployment’. Loss of Earning Capacity-quantum: J.’s award of B$40,000 was amount sought by A. at trial. J. not plainly wrong. Costs: parties directed to file written submissions.

Civil Law: Employer’s appeal against award of damages of $36,350.81 to former Employee for wrongful termination of employment allowed. Employer’s appeal against award in counterclaim of damages of $27,041.25 to Employer, reduced from claim of $53,535, against former Employee, for breach of Employee’s obligations and duties in procuring IT equipment and services for Employer, dismissed. Costs: Employer’s costs of appeal against award of damages to former Employee and before the judge; Counterclaim-Employee’s costs on Employer’s unsuccessful appeal on counterclaim; no order on judge’s order of costs to Employer for counterclaim. – Employee dismissed following Employer’s Disciplinary Inquiry on grounds of Dishonesty – gross Misconduct – Dismissal challenged on basis that a proper inquiry had not been conducted in breach of the principles of natural justice; – Court made no finding of breach of principles of natural justice; – Court nonetheless went on to revisit Disciplinary Inquiry’s view of the merits of the dismissal; – Whether Judge had dealt with an Issue not before the Court – Judge reduced Employer’s counterclaim on various grounds including “the principle of accountability”, akin to contributory negligence; – Management and supervision failures of Employer found as facts; – Whether open to the Judge to reduce the Counterclaim on the ground of contributory negligence and other matters showing that the Employee was not responsible for the failings or that responsibility should be apportioned.