Not exact matches
In papers submitted by the UK Government last year in the case and seen by the BHA, the Government attempted to argue that there is no breach of EU law because «if a teacher brought a claim against a school (on the basis that the school, as an employer, had discriminated against them in their
remuneration, for example), then the court or
tribunal would consider the legislation in this wider context.
The core issue to be decided by the Employment
Tribunal was whether TUPE required a transferor to state if a term about
remuneration was contractual: if there was no such obligation, no claim could be pursued in the
tribunal.
The legal counsel will act as
tribunal secretary under a set of guidelines with detailed provisions regulating the
remuneration and role of a
tribunal secretary (For more information about HKIAC's
tribunal secretary service, click here).
However, this was adjusted because of the
tribunal's findings of fact, including: (i) that there was an 80 % chance that Wardle would have left Calyon at the beginning of April 2010 since he had made a number of job moves in his career; and (ii) there was a 70 % chance that Wardle would secure alternative employment with similar
remuneration to the Calyon promotion by the end of 2011.
It also held that although the
tribunal was entitled to hold that there was an element of career - long loss, the
tribunal should have applied a sliding - scale to reflect its finding that Wardle would in due course have secured alternative employment with equivalent
remuneration.
It held that since the
tribunal had found that Wardle would only have left Calyon for a job with equivalent
remuneration, it had erred in limiting his projected loss to reflect the 80 % chance that he would have left Calyon by April 2010.
Since the
tribunal's own finding of fact was that Wardle had a 70 % chance of securing new employment with equivalent
remuneration by the end of 2011, this was the point that his loss should cease to accrue.
After a lengthy analysis of what constitutes an employment relationship under the code, which included reviewing a recent Supreme Court of Canada decision,
tribunal member Norman Trerise concluded that even when interpreted broadly, the term employment still relies on two main questions: how much control is exercised by the employer over working conditions and
remuneration, and how dependant the worker is on that employer.