Redundancy Damages Inflation Adjustment

Summary

In Lusaka Province, you can file a motion to adjust awarded damages for inflation if jurisprudence allows. Consult a local attorney for precise advice. You can also argue against improperly filed motions even after a final judgement. Litigation cannot be reopened due to principles like Res Judicata and Finality of Judgement unless new significant facts emerge.

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An employee's redundancy of twenty years ago is declared illegal by a judgement. The judgement has awarded damages. Can you adjust the salary payable then for inflation?
Hello Paul, It's good to meet you. The adjustment of awarded damages for inflation would depend on the specific laws and regulations of Lusaka Province. May I ask if the judgement specified any such adjustments?
The judgement did not but the jurisprudence provides for considering inflation when computing damages
Hello Paul, in Lusaka Province:
- Not all jurisdictions automatically adjust damages for inflation.
- If jurisprudence allows, you may file a motion to request adjustment for inflation.
- This is subject to court approval and must be argued effectively with legal support.
Please consult a local attorney for precise advice.
are you able to frame a question on inflation adjustment
Sure, Paul. Here's a question you might consider: "In light of the jurisprudence in Lusaka Province, is it possible to file a motion requesting the adjustment of the awarded damages for inflation, and what would be the procedure for this?"
frame a motion for the court?
Sure, Paul. Here's a general template for a motion to adjust damages for inflation:
"IN THE HIGH COURT OF LUSAKA PROVINCE
[Your Name], Plaintiff,
vs.
[Defendant's Name], Defendant.
MOTION TO ADJUST DAMAGES FOR INFLATION
COMES NOW, [Your Name], and respectfully requests the court to adjust the awarded damages for inflation.
*. The judgment dated [Date] awarded damages to the Plaintiff.
*. Lusaka Province jurisprudence allows for the consideration of inflation when calculating damages.
*. Therefore, the Plaintiff requests an adjustment of the awarded damages to account for inflation.
Respectfully submitted,
[Your Name]"
Note: This is a general guide and you should consult a local attorney to ensure it's suitable for your situation.
i have a different question
Sure, Paul. Please go ahead and ask your different question. I'm here to help.
Can you argue against a motion that has been brought to court on a without prejudice basis?
Yes, a motion brought to court on a "without prejudice" basis can still be argued against. This term generally refers to negotiations or offers that cannot be used as evidence in court, not motions. However, you should consult a local attorney to guide you through the process.
The motion has been improperly brought to court but it may quick resolution of the matter
Understood, Paul. Can you elaborate on why you believe the motion has been improperly brought to court? This will help me provide more accurate guidance.
the court delivered the final judgement
Paul, did the final judgement specifically address the issue that's being raised in the motion? If it didn't, it's possible the motion may be considered even after the final judgement. However, the exact procedures can vary.
yes
If the issue has been addressed in the final judgement, what new elements does the motion bring that could warrant its consideration by the court?
clarification
Could you please elaborate on what aspects of the final judgement require clarification, as indicated in the motion?
the court simply said pay 'damages' without stating how the same should be calculated
In Lusaka Province:
- If the judgement is unclear, request a clarification from the court.
- A motion for clarification can be filed.
- The court may provide guidelines or refer to the legal principles for computing damages.
- Consult with a local attorney for professional guidance.
Can I provode arguments against the same motion since the other party has filed arguments?
Yes, Paul. In Lusaka Province:
- You have the right to respond to a motion.
- You can file a counter-argument or opposition to the motion.
- The court will consider both sides before making a decision.
- Consult a local lawyer for guidance on crafting your response.
Provide me with a framework for why litigation cannot be reopened
In Lusaka Province, litigation can't be reopened because of:
- Res Judicata: This principle means a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.
- Finality of Judgement: Once a final judgement is rendered, it's conclusive and binding.
- Absence of New Facts: If there are no new significant facts or evidence that could potentially change the outcome of the case.