Sentences with phrase «dismissal of employees»

An employer's failure to provide sufficient working notice of dismissal (or a combination of working notice and severance) to an employee may constitute the constructive dismissal of the employee.

Unlike the typical dismissal of an employee who is working pursuant to a contract without a fixed end date, the concept of «reasonable notice» does not apply and the employer must pay for the balance of the contract.

If you have any queries in relation to the management or dismissal of an employee in accordance with the ACAS code, please just get in touch.

The ECJ found that the enforcement of this dress code, and subsequent dismissal of an employee for failing to comply with it, did not amount to direct discrimination as it affected all employees equally.

While it is well - established that employers must act in good faith in the manner of dismissal of employees under an employment contract, the SCC has made clear in Potter that employers must act in good faith at all times in dealing with employees in a contractual relationship.

In that Supreme Court of Canada decision it was held that summary dismissal of an employee (i.e. dismissal without the provision of notice or severance) was only warranted where an employee «violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee's obligations to his or her employer.»

Since our organizing effort began, we have witnessed a number of conditions at the AGO that are of serious concern, including the abrupt and apparently unwarranted dismissal of employees engaged in the unionizing effort, the anonymous dispersal of anti-union literature in employee mailboxes and offices, and the rapid departure of one - third of the attorneys in the office.

According to the Court, this should not be limited to an outright dismissal of an employee, but also refers to a situation in which the occupational activity — whether employed or self - employed — has ceased «due to an absence of work for reasons beyond the control of the person concerned, such as an economic recession» (para. 31).

Lockout: An employer's dismissal of employees because of a labor dispute, such lockout resulting in the closing of the plant.

Attorney Peter Mavrick recently obtained dismissal of an employee's federal and state law claims for race discrimination, hostile work environment,...

The Federal Court of Appeal recently clarified that without cause dismissals of employees covered by the Canada Labour Code (the «Canada Code»), such as those working in banking, broadcasting, telecommunications and the railways, are not automatically «unjust» simply by virtue of the fact that no cause is asserted.

Assisting a Spanish investor in the mass dismissal of employees prior to the liquidation of its JV in Guangzhou.

Doorey's Workplace Law Blog «Unfair and Cruel» Dismissal of Employee Still Not «Bad Faith Discharge»

Of Canada3 In Belton, the Court of Appeal considered whether the employees» refusal to acknowledge the employer's right to make changes in the compensation plan contained in the contract of employment justified the employer's dismissal of the employees who refused to sign the «new» agreement containing the revised compensation plan.

In Brown v. Pronghorn Controls Ltd. 18 the Alberta Court of Appeal upheld a decision of the trial judge that found that the employer's offer to relocate the employee to another office located a two - hour drive from his current location did not result in the constructive dismissal of the employee.

Some may be asking themselves, «if OLRB Vice-Chair Freedman said that no policy was required in order to uphold the summary dismissal of an employee, why should my organization have a social media policy?»

The project included developing a strategy for terminating the employment relations, negotiating and agreeing the optimal form of dismissal of the employee

When later quizzed over whether the recent revelations of data security compromises had resulted in the dismissal of employees at fault, Zuckerberg accepted ultimate responsibility but added that he doesn't want to «throw anyone under the bus for mistakes that we've made here.»

The letter, from the director of DOE's Office of Hearings and Appeals, explains the rationale: «The Department's senior leadership takes the issue you raise seriously, and will not tolerate retaliation or dismissals of employees or contractors for the views expressed in scholarly publications.»

The fundamental legal issue before the Federal Court was whether Part III of the Canada Labour Code permits the dismissal of an employee without cause.

Advised on the dismissal of employees in a number of countries in EMEA including France, Germany and Spain.

, an arbitrator upheld the dismissal of an employee for workplace violence where no physical assault occurred.

The majority of the Alberta Court of Appeal concluded that the dismissal of an employee, whose cocaine addiction came to light following a post-incident drug test, did not constitute discrimination as the employee had been dismissed for failing to disclose his problem and continuing to use drugs, rather than the disability itself.

This can be considered a favourable decision for employers as it broadens their rights with respect to the dismissal of employees.

In addition, if terminations were necessary and involved the dismissal of employees during the time surrounding the business transfer, both the predecessor and successor employers should be advised that they still must comply with proper termination procedures pursuant to governing legislation.

She has obtained High Court injunctive relief preventing the dismissal of an employee entitled to PHI benefits.

Click here to read an article by Sophie (with Alison Padfield) concerning the potential restrictions on the dismissal of employees who are in receipt of benefits under group PHI policies.

If you are considering the dismissal of an employee who is absent from work on sickness grounds, we can advise on how to carry out this process fairly, to minimise the potential for unfair dismissal and disability discrimination claims.

Innes Clark, Lindsay Anderson and Kate McGarrity look at a recent Employment Tribunal decision concerning the dismissal of an employee who smelled of...

Innes Clark, Lindsay Anderson and Kate McGarrity look at a recent Employment Tribunal decision concerning the dismissal of an employee who smelled of alcohol in work, and discuss the more general issues which can arise for employers when dealing with alcohol or drugs in the work place.

In Wallace the Court considered the dismissal of an employee who had worked for 25 years for a competitor when he was induced by United Grain Growers to resign and join it.

This case is a useful reminder to employers that their conduct leading up to the dismissal of an employee could have serious repercussions especially if it later transpires the business does not have any reasonable prospects of defending the claim.

The union launched a grievance alleging that the dismissal of the employees constituted a change in their conditions of employment that violated section 59 of the Labour Code.

In Jacobson, one of Atlas Copco's HR personnel, Sorel Harrison, was in charge of investigating an HR matter that eventually led to a dismissal of an employee.