The Dismissal
The Dismissal of Employees under the Unfair Dismissal Law in the United Kingdom and Labor Arbitration Proceedings in the United States: The Parameters of Reasonableness and Just Cause
... Smith, 56 the EAT exhibited an even more deferential attitude towards employer decisions in dismissal cases by establishing the "two views doctrine." The "two vi[r] ...
49
The Impact of the Employment Protection Legislation Reform on the Labor Market’s Flexicurity in Morocco
... the dismissal of all or part of their staff, whether for technological, structural or economic ...for dismissal, and the number and categories of employees who are concerned by this decision, as well as the ...
19
Problems of legal regulation of the grounds for termination of an employment contract at the initiative of the employer
... the dismissal at the initiative of the employer to be illegal, awards the employee additional pecuniary compensation (double severance allowance, compensation of losses) [17, ...
6
Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration
... choosing dismissal as a disciplinary ...actual dismissal of the ...actual dismissal, rather than seeking this support from colleagues, friends or ...unfair dismissal decisions they become more ...
483
The Fugitive Dismissal Rule Applied to Pre Appeal Fugitivity
... The defendant, OrtegaRodriguez, argued that courts of appeals should consider the dismissal of former fugitives' appeals on a discretionary, case by case basis, and in particular that th[r] ...
24
A framework for investigating participant perceptions of unfair dismissal conciliation conferences
... the dismissal process, had the commissioner avoided words such as ‘go away’ – it is possible the employer may not have experienced a negative response to this aspect of the conciliation ...
10
Institutional dismissal: memory and journey of institutionalized young people
... institutional dismissal happened on its own, because she chose the ...the dismissal, in the case of Foster Institutions, must happen with the age of ...
7
CEO Dismissal, Compensation and Topics of Board Meetings: The Case of China
... the dismissal-performance ...CEO dismissal for each type of meetings in Figure ...CEO dismissal and firm performance, the sensitivity of CEO dismissal to firm performance should be greater ...
47
The Achilles' heel of unfair dismissal arbitration in Australian SME's
... their dismissal activity in comparison to the successful defences given by larger businesses privy to HR ...the dismissal process which, combined with informal HR practices, could increase the scope for a ...
16
Fairness of Dismissal as a Sanction for Misconduct in South African Labour Law
... a dismissal with a “measure of defence” (Sedumo) because it is primarily the function of the employer to decide on proper ...the dismissal is the only fair ...
8
Gender and firmographic effects in unfair dismissal arbitration
... This paper examines gender effects and firmographic factors in arbitration decisions of Australia‘s federal industrial tribunal pertaining to managerial action involving the dismissal of a worker. This study ...
19
Article 30: protection in the event of unjustified dismissal
... Nagy concerned a group of Hungarian civil servants who had been removed from office without cause under the same law adjudicated in K.M.C. v Hungary, which permitted termination of employment in the civil service ...
28
Reputation and International Law
... Although the dismissal of reputation in The Limits of International Law is problematic, the authors are correct to observe that no good theory of reputation currently exis[r] ...
14
Free or Limited Dismissal by Enterprise Owners in Germany—A Classic and Authoritative Discussion
... the dismissal caused by enterprise owners (Arbeitge- berkündigung), especially in the fierce competition of market ...of dismissal rights of employers are also a key issue in human resources ...of ...
5
The economics of unfair dismissal in the United Kingdom, and other topics in public policy
... (unfair dismissal) than it may seem at first ...his/her dismissal, can still claim that the misconduct was not as severe as to deprive him/her of a severance payment; this is then very close to saying that ...
282
Judges’ Continuing Construction in Enterprise Conditioned Employer Dismissal in Germany: Specific Research of the Proportion Principle
... the Dismissal Protection Statute (Preis, 1987: ...the Dismissal Protection Statute proclaims clearly that “good social practice” (Article 138 Section 2 of the Civil Code) can be applied independently and ...
21
Unfair dismissal: procedure, fairness and compensation
... reasonableness (Employment Rights Act (ERA) 1996 s. 98(4)) unless, in exceptional circumstances, the normal procedural steps would have been futile. Instead, the likelihood of the procedural failure making no difference ...
8
A typology of employee explanations of misbehaviour: an analysis of unfair dismissal cases
... for dismissal, if during the investigation process, issues raised by the employee are isolated and managed on a piecemeal basis to ensure movement beyond the ‘on-top’ ...
34
Stacking the Commission: has it occurred and does it matter in unfair dismissal arbitration?
... unfair dismissal decisions that are more likely to favour the employer or ...unfair dismissal decisions, the balance of appointments appeared to be on an reasonably even keel, with 21 members assigned a ...
12
Dismissal of Police Officers for Exercising Privilege against Self Incrimination
... While expressly recognizing that the officers possessed the constitutional privilege to refuse to testify and that they had exercised the privilege in good faith, the Civil Service Commi[r] ...
8