Download or read book Employee Rights in Corporate Insolvency written by Hamiisi Nsubuga and published by Routledge. This book was released on 2019-10-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.
Download or read book Deeds of Arrangement written by David Price Davies and published by . This book was released on 1907 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Business Transfers and Employee Rights written by John McMullen and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employment Law in Context written by David Cabrelli and published by Oxford University Press. This book was released on 2016 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.
Download or read book Executory Contracts in Insolvency Law written by Jason Chuah and published by Edward Elgar Publishing. This book was released on 2019 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
Download or read book Corporate Insolvency Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.
Download or read book Transfer of Business and Acquired Employee Rights written by Jens Kirchner and published by Springer. This book was released on 2016-07-01 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practical, business-orientated and accessible guidance on key employment and labour law aspects in national and international transfers of business in the European Union, its member states and selected important countries around the world. It contains a comprehensive overview of relevant topics such as safeguarding of employees' rights, impacts on employees' representatives and on collective agreements, company pension entitlements, insolvency, M&A transactions and cross-border transfers of business for each country covered. This overview is accompanied by summaries of leading case law and excerpts of important national regulations. Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved. This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.
Download or read book Older Workers Benefit Protection Act written by United States and published by . This book was released on 1990 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Termination of Employment written by R. V. Upex and published by Jordan Publishing (GB). This book was released on 2001 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Termination of Employment, now in its sixth edition, is a well-established and authoritative analysis of the rules governing termination of employment. It considers the main causes of action available to employees whose employment is terminated, and presents the law and the relevant issues in a way that will be of real value to those practising in the field. The Law of Termination of Employment provides comprehensive coverage of the applicable statutory and common law regimes, as well as the major procedural considerations. It also deals with problems beyond termination of employment such as competition from ex-employees, and numerous examples of worked redundancy calculations illustrate how the law operates in practice. With over 500 pages of unrivalled guidance on the law of termination of employment, Professor Upex's definitive work is essential reading for all employment lawyers and human resources personnel who require a detailed knowledge of this complicated area of law. Substantially revised and updated, the sixth edition includes: Changes brought about by the Employment Relations Act 1999 and other recent legislation New categories of automatically unfair dismissal Introduction of the right of workers to be accompanied at a grievance or disciplinary hearing, together with a right not to be dismissed for exercising that right Increases in the type of dismissal for which the remedy of interim relief is available Changes to the rules relating to compensation for unfair dismissal Removal of the time limit on the compensatory award in cases of dismissal in health and safety cases and dismissals for whistleblowing Important new cases decided in the European Court of Justice Allen v Amalgamated Construction Co Ltd, Francisco Hernandez Vidal SA v Gomez Perez and Oy Liikennen AB v Liskojorvi and Juntunen on the Acquired Rights Directive Major House of Lords decisions Carmichael v National Power plc on casual workers Murray v Foyle Meats Ltd on the meaning of redundancy Johnson v Unisys Ltd on injury to feelings in wrongful dismissal cases Important Court of Appeal decisions, including Secretary of State for Trade and Industry v Bottrill and Sellars Arenascene Ltd v Connolly on the circumstances in which directors or sole shareholders may be employees Montgomery v Johnson Underwood Ltd on agency workers ECM (Vehicle Delivery Service) Ltd v Cox and ADI (UK) Ltd v Willer in the Transfer of Undertakings Regulations Foley v Post Office on the test of fairness in unfair dismissal cases, following on from the EAT decision in Haddon v van den Bergh Foods Ltd Cerberus Software Ltd v Rowley and other cases involving PILON (pay in lieu of notice) clauses OTHER BOOKS OF INTEREST Disability Discrimination Claims: An Adviser's Handbook Disability Discrimination: Law and Practice
Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Download or read book Smith Thomas Employment Law 9th Ed written by Ian Smith and published by Oxford University Press. This book was released on 2007-09-27 with total page 899 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the successor to Smith & Wood's Industrial Law, this book maintains its reputation for both comprehensive coverage and lucidity of presentation. With a new and improved structure and layout, the ninth edition maps closely onto courses in employment law, providing an invaluable resource to students of this complex and fast-moving subject.
Download or read book To Amend the Bankruptcy Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1935 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (74) S. 3058.
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Download or read book Statutory Priorities in Corporate Insolvency Law written by Christopher F. Symes and published by Routledge. This book was released on 2016-12-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.
Download or read book Smith and Wood s Employment Law written by Ian Smith and published by Oxford University Press. This book was released on 2017 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authoritative and accessible, Smith & Wood's Employment Law provides detailed and well-explained coverage on the core areas and key case law. Critique and contextual treatment engages students and helps them to develop a well-rounded and deep understanding of the subject.
Download or read book Smith Wood s Employment Law written by Ian Smith and published by Oxford University Press, USA. This book was released on 2019 with total page 909 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authoritative and accessible, Smith & Wood's Employment Law provides detailed and well-explained coverage on the core areas and key case law. Critique and contextual treatment engages students and helps them to develop a well-rounded and deep understanding of the subject.
Download or read book Employment Law written by James Holland and published by Blackstone Press. This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring case study questions and exercises, this practical and accessible guide is particularly suitable for students taking employment law as past of their LPC courses.
