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Unfair dismissal

Stacking the Commission: has it occurred and does it matter in unfair dismissal arbitration?

Stacking the Commission: has it occurred and does it matter in unfair dismissal arbitration?

... conferring unfair dismissal decisions that are more likely to favour the employer or ...overseeing unfair dismissal decisions, the balance of appointments appeared to be on an reasonably even ...

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The Achilles' heel of unfair dismissal arbitration in Australian SME's

The Achilles' heel of unfair dismissal arbitration in Australian SME's

... alleged unfair dismissal during the time this data was collected: fixed term or specified task employees; probationary employees; casuals engaged for less than 12 months; trainees; seasonal workers ...

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A framework for investigating participant perceptions of unfair dismissal conciliation conferences

A framework for investigating participant perceptions of unfair dismissal conciliation conferences

... This paper reports early exploratory work that contends the predisposition of the parties filters their perception of the experience. Specifically this article explores, as a test case, the managerial perspective of the ...

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A typology of employee explanations of misbehaviour: an analysis of unfair dismissal cases

A typology of employee explanations of misbehaviour: an analysis of unfair dismissal cases

... of unfair dismissal arbitration decisions determined by the AIRC from 2004 and ...to unfair dismissal claims were restricted by the 2006 WorkChoices amendments to the Workplace Relations Act ...

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Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration

Employee misbehaviour in Australia: through the lens of unfair dismissal arbitration

... of dismissal. Due to the significance of the unfair dismissal arbitration process to Australians generally, this study contributes knowledge about the influencing factors on unfair ...

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Identifying and measuring the economic effects of unfair dismissal laws

Identifying and measuring the economic effects of unfair dismissal laws

... of dismissal in probationary periods can lead to the person having a reduced chance of getting a ...of unfair dismissal laws on the probability of getting a job is compounded for workers who become ...

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The effect of unfair dismissal laws on small and medium sized businesses

The effect of unfair dismissal laws on small and medium sized businesses

... on unfair dismissal (UFD) ...about unfair dismissal laws’. Because few respondents mention unfair dismissal laws as impediments the open ended questions have been interpreted as ...

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The economics of unfair dismissal in the United Kingdom, and other topics in public policy

The economics of unfair dismissal in the United Kingdom, and other topics in public policy

... Even in countries with stringent job protection, workers typically only benefit from job security once they have worked at their employer beyond a minimum qualifying (or probationary) period. This paper analyzes how such ...

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Gender and firmographic effects in unfair dismissal arbitration

Gender and firmographic effects in unfair dismissal arbitration

... in unfair dismissal ...which unfair dismissal arbitration covers, and the potential role of identity which arbitrators bring to the ...

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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

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] ...

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Montana's Employment Protection: A Comparative Critique of Montana's Wrongful Discharge from Employment Act in Light of the United Kingdom's Unfair Dismissal Law

Montana's Employment Protection: A Comparative Critique of Montana's Wrongful Discharge from Employment Act in Light of the United Kingdom's Unfair Dismissal Law

... The law provides long-standing and important protection for employees who have been dismissed for belonging to an independent trade union or taking part in its acti[r] ...

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Unfair dismissal: procedure, fairness and compensation

Unfair dismissal: procedure, fairness and compensation

... This, surely is what the policy of the legislation requires. The application of the Polkey principle is to be limited, but there is no suggestion that a dismissal should become fair if there is no more than a ...

8

Dismissal Costs and their Impact on Employment: Evidence from Australian Small and Medium Enterprises

Dismissal Costs and their Impact on Employment: Evidence from Australian Small and Medium Enterprises

... nominate unfair dismissal provisions as an impediment to employing staff and, rightly in our view, argues that this does not give much useful information about their ...nominated unfair ...

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Article 30: protection in the event of unjustified dismissal

Article 30: protection in the event of unjustified dismissal

... change. 162 The UK, by deciding to reduce the scope of protection, chose to disregard the views of the ILO Tripartite Committee and the CESR. Indeed, the UK Government may consider that it can act with impunity using ...

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An occupational and gendered review of reinstatement and compensation for unfairly dismissed workers

An occupational and gendered review of reinstatement and compensation for unfairly dismissed workers

... an unfair dismissal claim fails to settle at conciliation, the dismissed worker may seek to have his or her claim settled via arbitration in the Federal industrial tribunal, currently Fair Work Australia ...

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Developments in employment policies in Europe. Series produced from the MISEP network. Employment Observatory 47, Autumn 1994

Developments in employment policies in Europe. Series produced from the MISEP network. Employment Observatory 47, Autumn 1994

... 669 to 671 of the Civil Code, Act 1359 of 1945 amended 1983; Act 2081 of 1952 on seasonal work Provisions in the Redundancy Payments Act of 1967; the Unfair Dismissal Act of 1977, and th[r] ...

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Why should majority voting be unfair?

Why should majority voting be unfair?

... We consider the following models of social preferences: FS inequity aversion, CR reciprocity, CES altruism, and reference dependent altruism RDA... weighs guilt β and that guilt is bound[r] ...

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Unfair contract terms: termination for convenience

Unfair contract terms: termination for convenience

... Australian unfair contract terms law now stands on the issue of procedural versus substantive ...be unfair, the Australian test (like the UK test) requires a ‘significant imbalance in the parties’ rights ...

284

Guidance on unfair terms in tenancy agreements

Guidance on unfair terms in tenancy agreements

... compensation in any circumstances in which they would normally be entitled to it by law. General disclaimers such as those stating that visitors enter premises 'at their own risk' could have the effect of excluding ...

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The Impact of the Employment Protection Legislation Reform on the Labor Market’s Flexicurity in Morocco

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 ...

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