Sentences with phrase «at common law»

An employee will be entitled to reasonable notice of termination at common law in these circumstances equivalent to nine months.

The employee brought a wrongful dismissal claim against her former employer, claiming entitlement to reasonable notice at common law.

An employee will be entitled to reasonable notice of termination at common law in these circumstances.

Stage one: does the action in question fall within the general scope of a police duty imposed by statute or recognized at common law?

She claims that this fell far below the amounts to which she has a right at common law.

Such activities were not immune from liability at common law.

The fact that it makes the contract void at common law.

Even where the employer has met these statutory minimums, the dismissal could still be considered wrongful if the notice provided is not reasonable in accordance with notice requirements at common law.

The dismissed employee may have the right to a significantly larger termination package if the employee is entitled to reasonable notice of dismissal at common law or some other greater contractual entitlement.

It was likely that any such attempt would, itself, constitute a contempt of court at common law.

An internet directory or search engine (such as this) is NOT a publisher at common law, just a facilitator.

The case would have a difficult time making a claim at common law (just for fun).

The court had no power at common law to order a «closed material procedure» for the whole or part of the trial of a civil claim for damages.

All this is overcome by the statute, and the question whether worthwhile enforcement could be realized at common law is, therefore, of theoretical interest only.

Much was made of these new provisions, but commentators recognise that they merely repeat what was previously enforceable at common law.

While there is no statutory protection of employees if their conduct is being investigated, employees are protected against wrongful or constructive dismissal by their companies at common law.

If a fault in a good or service is disclosed or unknown to the vendor then at common law the purchaser has no come back.

At c the judge held that despite the union's 25 - year presence in the community, labour unions were nonetheless illegal at common law.

There is a presumption at common law that an employee is entitled to reasonable notice on termination.

For over 500 years at common law a tenant has been able to enforce the right of possession.

The contract expressly provided that this exhaustive list would satisfy all claims and demands that could arise under statute or at common law as a result of her termination from employment.

Employers may also wish to rely on the statutory minimum notice periods, which are typically shorter than reasonable notice at common law.

The result is that the appellant was entitled to reasonable notice of termination at common law.

The Claimant argued that the Ministry of Justice owed him a non-delegable duty of care at common law because the five criteria set out by Lord Sumption in Woodland were established:

It is one of the great rights in trials at common law preserved in Part XXIII of the Code.

It stated that the status of a probationary employee has «acquired a clear meaning at common law», enabling an employer to terminate an employee without common law notice during the probationary period if the employer makes a good faith determination that the employee is unsuitable for the position.

It recommends that legislation be introduced giving the Trade Practices Commission the ability to bring proceedings on behalf of a person who has a right of action at common law arising from the unconscionable conduct of another.

In the FCA's view, the remedies available to adjudicators to reinstate employees and / or to order employers «to do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal» are over and above the old remedies available at common law, but do not support the theory that dismissals can only be with cause.

[23] The comparable principle, which exists at common law with respect to judicial proceedings, involves the same overriding freedom of speech rationale:

«(4) No person shall be proceeded against in respect of a performance of a play or anything said or done in the course of a performance --(a) for an offence at common law where it is of the essence of the offence that the performance or, as the case may be, what was said or done was obscene, indecent, offensive, disgusting or injurious to morality.»

In doing so, he equated the fixed notice period (or pay in lieu) stipulated in the contract to damages at common law for reasonable notice which is subject to the duty to mitigate.

If your organization decides to offer a lower amount than that required at common law, consider the costs of litigation and how, if the organization later shifts its position, this may be perceived by a court;

He has a particular interest in cross-border issues and was sole counsel in a protracted claim in London for enforcement of a foreign judgment at common law.

In OFT v Abbey National plc and others [2008] EWHC 875 (Comm), [2008] All ER (D) 349 (Apr) Mr Justice Andrew Smith ruled that none of the terms considered were void as penalties at common law, but they were susceptible to assessment as to fairness under the Consumer Contracts Regulations 1999 (SI 1999/2083) reg 6 (2).

Although this had already been established at common law prior to the introduction of this rule in 2010, many experts such as Dr. Smith believed their role was to make the case for the party who was paying them.

Each allegation involves a purchaser and a real estate licensee, here Buyer and Paramount, to which the Disclosure Act exclusively «applies, regulates and determines» their «rights, duties, obligations, and remedies at common law or otherwise... with respect to disclosure of defects in the property.»

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».