Sentences with phrase «case after dismissal»

Obtained reversal of a decision re-instating a lead poisoning case after dismissal from the New York Appellate Division, Second Department

Not exact matches

In such cases Parliament should assert itself by calling him before the relevant select committee (home affairs) and if after a detailed examination he is found in a vote of the committee to be clearly liable, a report of the proceedings should be sent forthwith to the relevant minister which in the absece of exceptional circumstance should lead to his dismissal.

After the judge dismissed the «jury» at the beginning of the trial (he actually didn't make us leave, the dismissal was for dramatic effect), he and the lawyers went through the procedures that would be undertaken in a real case to determine if evidence should be admitted for the jury to see.

After all, they could argue that bonuses can only be divvied out to current Infinity Ward employees (although I honestly haven't heard of another industry in which bonuses for completed work aren't awarded even in case of relocation / dismissal).

After U.S. District Judge Nancy Gertner dismissed Rodi's case, he appealed to the 1st U.S. Circuit Court of Appeals, which this week affirmed the dismissal in Rodi v. Southern New England School of Law.

After performing statistical analyses on case outcomes, we drew a random subsample of cases in the four major types of claims (race, sex, age and disability) and four case outcomes of greatest theoretical interest (dismissal, early settlement, late settlement and trial).

Gross Misconduct — Burchell Test / Range of Reasonable Responses Swearing in the workplace Case Review: Range of Reasonable Responses Test Case Review: Employee who shouted and swore at colleague was unfairly dismissed Case Review: Dismissal after the Christmas Party — Fair or Unfair?

STANLEY BURNTON LJ: The issues for determination were: (i) whether the rule requiring payment of the standard case fee was unreasonable and unlawful; (ii) whether or not the ombudsman was under an obligation to consider dismissal of all complaints under DISP 3.3; (iii) whether the ombudsman could lawfully delegate consideration and exercise of the power under DISP 3.3 to a suitably qualified member of staff; (iv) whether the district judge had been entitled to find that each of the complaints had been considered for summary dismissal, albeit by a consumer consultant; (v) if a complaint was not lawfully considered for summary dismissal, and as a result was investigated, and after investigation determined by the ombudsman adversely to the complainant, whether the firm was nonetheless liable to pay the standard case fee; and (vi) whether the answer to (v) depended on whether the complaint should have been dismissed under DISP 3.3.

When the court threw out a case after two years for delay, it was unlikely a lawyer would accept the dismissal without a fight, he suggests, noting followup motions seeking to set aside administrative dismissals only added to court time.

However, after lauding Ainsworth's counsel for setting out the law of constructive dismissal, The Honourable Madam Justice Neilson held, with respect to the actual case before the court:

Because employees have a duty to mitigate their losses after dismissal, turning down such an offer could potentially be damaging to a case.

I've seen many cases in which employees have successfully disputed the employer's characterization of their dismissal as being for misconduct and been awarded benefits after the fact.

The most recent article includes cases where lawyers were sanctioned for appealing a case based on a knowingly false claim, the dismissal of an appeal for failing to file a brief (after two extensions of time), and a decision in which the appellate court found the controlling contract provision itself, after both sides had been arguing the wrong provision since the trial began.

A person ceases to be an employee, in the case of a wrongful dismissal, after the period of reasonable notice: see paras. 237 - 240.

(20) After making its decision under subsection (17) or (18), the Judicial Council shall communicate it to the judge and the complainant, giving brief reasons in the case of a dismissal.

After seven years of litigation, we obtained a dismissal with prejudice in favor of our client, a prominent cardiologist, in a negligence and fraud case involving the operation of a Ponzi scheme.

From this case, an employer should ensure that a clear offer of re-employment is made after the employee declares a constructive dismissal in order to trigger the duty to accept re-employment.

Beware when judges and prosecutors dangle before criminal defendants the prospect of an ultimate dismissal of a criminal case after first necessitating a finding of facts sufficient to prove guiltB, whether under Va..

The Employment Appeal Tribunal (EAT) has recently upheld an employment tribunal's decision that the dismissals of the case worker directly responsible for Baby P's care and her manager, 18 months after the death and 12 months after -LSB-...]

The problem in the present case is simply that the plaintiff never testified that he was unemployed for any period of time after his dismissal.

The Bougnaoui case, referred by the French Cour de Cassation, focused on a similar dismissal after she refused to abide by her boss» demands and take off her Islamic headscarf, following the relevant wishes expressed by one of the enterprise's clients.

In some cases your lawyer may be willing to file an appeal on your behalf, but lawyers who are receiving contingency fees will typically only agree to handle an appeal if they believe that there is a significant chance of having a dismissal or verdict overturned, and of obtaining sufficient compensation after that reversal to cover the costs involved in the litigation, including the appeal and legal proceedings that occur after the appeal.

I would say that I have helped monitor the developments and changes of the employment law legislation by publishing several books on employment law and Trade Union issues, the latest of which are: Trade Union Law — Industrial Relations after the Jobs Act (2015), Individual and Collective Dismissals Before and After the Jobs Act (2015), Collective Dismissal (2014), E-Book on Trade Union Law (2012), Trade Union Law and Industrial Relations (2012), Dismissals and Disciplinary Procedure (2012) and Labour Procedure Case Law Collection (2after the Jobs Act (2015), Individual and Collective Dismissals Before and After the Jobs Act (2015), Collective Dismissal (2014), E-Book on Trade Union Law (2012), Trade Union Law and Industrial Relations (2012), Dismissals and Disciplinary Procedure (2012) and Labour Procedure Case Law Collection (2After the Jobs Act (2015), Collective Dismissal (2014), E-Book on Trade Union Law (2012), Trade Union Law and Industrial Relations (2012), Dismissals and Disciplinary Procedure (2012) and Labour Procedure Case Law Collection (2010).

An employer has lost a wrongful dismissal case after a court found that its safety rules, which it alleged the employee violated, were unclear and not clearly - communicated.

The change will have little impact on other actions, like wrongful dismissal cases, where the trend is to hold mediation before, or shortly after, the close of pleadings (or even before the issuance of a Statement of Claim).

In these cases, dismissal due to poor marks doesn't happen after just one semester.

After factoring in the severity of your case and your past offenses, the court handling your ticket could have you complete a traffic school course for dismissal of your ticket and the points that come along with it.

John Flexman is thought to be the first person in the country to bring a case for constructive dismissal after a dispute over putting his details on the professional networking site LinkedIn.»