*Braganza v BP Shipping Ltd and another

Employment – Contract of service. The appellant's husband was found by the second respondent employer to have committed suicide, depriving her of the death benefits provided for in his employment contract. The Supreme Court held that a decision that an employee had committed suicide was not a rational or reasonable decision, unless the employer had had it clearly in mind that suicide was such an improbability that cogent evidence was required to form the positive opinion that it had taken place. In the present case, there was no sufficiently cogent evidence to justify the respondents in forming the positive opinion that the husband had committed suicide.

Category: