Download or read book Justice in Dismissal written by Hugh Collins and published by . This book was released on 1992 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is the dismissal of employees from their job fair? This work provides a critical evaluation of the law of dismissal from the perspective of social justice. It illuminates the general legal rules and principles of the law, as well as highlighting the social, political, and philosophical context in which the idea of protection from "unfair dismissal" has developed and currently operates.
Download or read book Employee Dismissal Law and Practice 7th Edition written by Perritt and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 2708 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia New section on discrimination based on immigration status New reference for state qui tam suits New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security New case law on disclaimers New case law on identifying sources of public policy clearly New case law on constitutional provisions satisfying the clarity element of a public policy tort New case law on jeopardy to public policy when statutory remedies exist New case law on jeopardy to public policy when the contract protects employees Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions New analysis of notice pleading requirements in employment cases New case law on whistleblower protection of shareholder employees New case law on the scope of public-sector whistleblower protections New case law on the availability of non-economic damages in statutory whistleblower cases New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price
Download or read book Workplace Justice written by James Douglas Grant and published by . This book was released on 2011 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: My objective in this research is to better understand the nature of employment relationships by examining violations of expectations and obligations by the employee and employer as evidenced by the dismissal of allegedly poorly performing employees. While the centerpiece of this work, the common law of wrongful dismissal, is a unique Canadian phenomenon, its relevance to theory and practice is enhanced by framing the study of the employment relationship within the broader discourse of justice and fairness. I begin by reviewing the theory and process of the law of wrongful dismissal in Canada. I then provide an overview of the literature with respect to the intersection of the psychological contract, organizational justice, and employee dismissal, as well as a review of the empirical study of employee dismissal. In addition, I embed the views of the Supreme Court of Canada with respect to the nature of the employment relationship, and the inequality of bargaining power and employee vulnerability in an analysis of divergent views of workplace justice. In the first of three studies, I content analyse Canadian wrongful dismissal cases selected because they deal with an employer alleging employee incompetence or poor performance. The data from the analysis is quantitatively examined to establish the determinants of case outcome (was the dismissed employee successful) and reasonable notice period that is awarded. I found that an employee victory is associated with several factors related to the performance management of an employee, to the unequal bargaining relationship in non-union employment contracts, to an employee's vulnerability, and to the "Wallace v. United Grain Growers" (1997) decision. However, only two of these factors are related to the length of reasonable notice period. In the second study, I surveyed human resource (HR) practitioners with an instrument constructed from items identified in the content analysis of the court cases in order to examine the determinants of perceived just cause and notice provided in workplace dismissals. I found that a much smaller set of determinants were associated with perceived just cause and reasonable notice period than were found in my examination of wrongful dismissal cases. In my final study, HR practitioners responded to a simulated dismissal based on the Wallace (1997) court case, a recent influential decision that has not been examined empirically to date. I found that there were significant differences in HR practitioners' perception of the legal basis of the employment contract compared to their psychological contract. Finally, I contrasted the courts' views with the perceptions and experience of HR practitioners. I found that the treatment of dismissed employees in the workplace understates the relevant factors considered important in both the law and in several views of workplace justice. Furthermore, I concluded that if HR practitioners are to achieve a better balance of employee and employer interests, management and organization scholars must be more prepared to examine a broad range of employee, employer, and social outcomes within a legal, justice, and organizational framework. I also argued that the Court's views in Wallace (1997), as well as the structure of the lower courts' decisions, are consistent with both an instrumental conceptualization of justice and a power and dependence model of employment relationships. I concluded that a more inclusive depiction of justice in the workplace must incorporate both the instrumental needs of the employee and employer as well as the inequality of power and dependence that is innate to the employment relationship, and is the context in which management decisions are made.
Download or read book Judicial Procedure in Dismissal of Clerical Exempt Religious written by Wenceslas Cyrill Michalicka and published by . This book was released on 1923 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unjust Dismissal in the Context of Organizational Justice written by and published by . This book was released on 1994 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employee Dismissal written by American Academy of Political and Social Science and published by Sage Publications (CA). This book was released on 1994 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1889, The American Academy of Political and Social Science has served as a forum for the free exchange of ideas among the well informed and intellectually curious. In this era of specialization, few scholarly periodicals cover the scope of societies and politics like The ANNALS. Each volume is guest edited by outstanding scholars and experts in the topics studied and presents more than 200 pages of timely, in-depth research on a significant topic of concern-- http://ann.sagepub.com.
Download or read book Redmond on Dismissal Law written by Desmond Ryan and published by Bloomsbury Publishing. This book was released on 2018-01-05 with total page 791 pages. Available in PDF, EPUB and Kindle. Book excerpt: Redmond on Dismissal Law, 3rd edition (previous edition titled: Dismissal Law in Ireland) explains the workings of dismissal law (wrongful and unfair) and details the introduction of the new Workplace Relations Commission. The Irish Government's Workplace Relations Reform Programme delivered a two-tier Workplace Relations structure by merging the activities of the National Employment Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Labour Court and the Employment Appeals Tribunal into a new Body of First Instance, the Workplace Relations Commission (WRC). The WRC provides a single portal of entry for all employment and equality related information requests, and employment and equality rights complaints and referrals. It also plays a key role in encouraging employers and employees to resolve issues at workplace level thereby reducing the number of cases going forward for inspection or adjudication. The book is useful to both practitioners and students in detailing how the law works and how the new system works. The book covers all relevant legislation, including the many amendments to the Unfair Dismissals Act 1977, and it provides expert guidance for employers and employees on their respective rights and legal obligations regarding termination of employment under the common law as well as unfair dismissals legislation. Includes coverage of the Industrial Relations (Amendment) Act 2012, the Industrial Relations (Amendment) Act 2015 and Workplace Relations Act 2015.
Download or read book Distributive Justice Employment at Will and Just Cause Dismissal written by Mark Harcourt and published by . This book was released on 2013 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Workplace Justice written by Hoyt N. Wheeler and published by Univ of South Carolina Press. This book was released on 1992 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth analysis of the rules & procedures on employment obligations in the workplace in each of ten countries: Australia, Belgium, Canada, France, Germany, Israel, Italy, Spain, the United Kingdom, & the United States.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page 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 Employee Dismissal Practical Solutions for Employers written by Lee Su Teng and published by Partridge Publishing Singapore. This book was released on 2018-12-17 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terminating the services of employees is never easy. Unfair dismissal can be brought to the Industrial Court in Malaysia. A successful claim for wrongful dismissal could prove costly for the organisation. Employees are entitled to claim for reinstatement to their former employment or compensation in lieu of reinstatement and back wages when they have been wrongfully dismissed. Employment law can be confusing for both employers and employees alike. This is a must-have desk reference for employers on employment issues. It is also a very informative book for employees who wish to know their rights on termination of employment. Court awards are summarised for easy reference followed by practical solutions for managers.
Download or read book Employee Dismissal written by Stuart Henry and published by . This book was released on 1994 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1889, The American Academy of Political and Social Science has served as a forum for the free exchange of ideas among the well informed and intellectually curious. In this era of specialization, few scholarly periodicals cover the scope of societies and politics like The ANNALS. Each volume is guest edited by outstanding scholars and experts in the topics studied and presents more than 200 pages of timely, in-depth research on a significant topic of concern-- http://ann.sagepub.com.
Download or read book Nine Proposals for the Reform of the Law on Unfair Dismissal written by Hugh Collins and published by . This book was released on 2004 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dismissal written by John Grogan and published by Juta and Company Ltd. This book was released on 2014 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unjust Dismissal written by Lex K. Larson and published by . This book was released on 1985 with total page 1586 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Costs of Dismissal An Analysis in Community Justice and Efficiency written by Frances Raday and published by . This book was released on 2016 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of collective dismissal - dismissal in the context of technological change, reorganization, or plant closure - has received much attention in recent years in both Europe and the United States. Statutory measures as well as collective bargaining arrangements have been introduced to alleviate employee suffering through payment of severance compensation, and provision has been made for consultation with unions or employee committees and for placement or retraining schemes run by state or employer/union agencies. The purpose of this paper is not to discuss the various measures but, rather, to explain the theoretical basis for allocation of the costs of dislocation engendered by collective dismissal.
