Sentences with phrase «in unfair»

In order to succeed on a deceptive trade practices claim, a consumer must show: that an individual engaged in an unfair or deceptive act that occurred in trade or commerce; the conduct affected the public interest; the consumer suffered harm; and there is a causal link between the deceptive trade practice and the injury.

Military Services Realty, Tidewater, Va., claims Realty Consultants violated state and federal antitrust laws, misappropriated trade secrets, and engaged in unfair competition.

You're in an unfair position, and it shouldn't make you miserable.

If therapy is not an option, a reasonable talk might be helpful, but staying in an unfair relationship should never be allowed.

The retroactive adjustment of alimony could result in unfair, unanticipated results.

(A) The way it had acknowledged its part in the unfair and unjust treatment of the Indigenous peoples as the first peoples of the country; and

While a DNA paternity test is commonly used, its results may be disregarded by the court when those results would result in an unfair or unjust situation.

The Dodd - Frank Wall Street Reform and Consumer Protection Act signed into federal law by President Barack Obama in 2010 authorized the creation of the CFPB which has the authority to take action against institutions or individuals engaging in unfair, deceptive, or abusive acts or practices or violating federal consumer financial laws.

Speaking of salary, as we were in that last post: It's annoying as hell to be asked to give your salary history when applying for a new job, and it's no secret that employers use that information to figure out what salary you're likely to accept from them — which puts candidates in an unfair position and raises obvious worries about leaving money on the table.

This can result in unfair compensation and discord within the company.

And it's no secret that employers are using this information to figure out what salary candidates would accept from them, which puts candidates in an unfair position and raises worries about leaving money on the table.

«Foremost among these tools is enforcement action against companies that fail to honour their privacy promises — including to comply with Privacy Shield — or that engage in unfair acts that cause substantial injury to consumers in violation of the FTC act.

Microsoft alleges that the defendants have infringed their copyrights and trademarks, violated the Lanham Act by falsely designating the origin of software, and engaged in unfair competition.

«Foremost among these tools is enforcement action against companies that fail to honor their privacy promises, including to comply with Privacy Shield, or that engage in unfair acts that cause substantial injury to consumers in violation of the FTC Act.

Foremost among these tools is enforcement action against companies that fail to honor their privacy promises, including to comply with Privacy Shield, or that engage in unfair acts that cause substantial injury to consumers in violation of the FTC Act,» the Commission said in a statement.

Taking into account the hand written Punjabi receipt of the fixed deposit signed by its employee, the bank was found indulging in unfair trade practices.

Mr. Kondon has experience representing public and private companies in unfair competition matters, employment discrimination and harassment, and class action wage and hour litigation.

Securing arbitral award and attorneys» fees in New York in an unfair competition claim against a Canadian company

We also use interim relief to mitigate harm to you arising from shareholder disputes and, last but not least, in unfair competition and IP disputes.

In unfair labour practice complaints involving discipline, dismissal or other alleged intimidation of an employee, the employer would be required to prove the action it took does not constitute an unfair labour practice, rather than requiring the employee to try to prove that it does.

The facts of Kuzel v Roche Products Ltd [2008] EWCA Civ 380, [2008] All ER (D) 234 (Apr) raised the question of the burden of proof in an unfair dismissal action in a rather unusual way.

This does not mean, however, that, in order to succeed in an unfair dismissal claim, the employee has to discharge the burden of proving that the dismissal was for that different reason.

He appealed the convictions, arguing that the trial judge erred in admitting evidence of his prior discreditable conduct, charged the jury in an unfair and unbalanced way, and answered a jury question improperly.

It did nothing more than provide an extension of time from three to six months in an unfair dismissal case.

To the contrary, the employer argued that, as the most extreme form of detriment is dismissal (which is covered specifically in the legislation) the test should be the same as in unfair dismissal, ie that the protected activity must be the sole or principal reason for the treatment.

The case comes a week after the Office of Fair Trading (OFT) announced it will push for a High Court declaration on whether the rules in the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) apply to overdraft charges.

The actual ratio of the decision is that employees off sick during what should have been the notice period can only be compensated in an unfair dismissal action for whatever sickness absence benefits they would have actually received.

Banks» terms and conditions which impose charges on customers for unauthorised overdrafts are subject to the test of fairness in the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999), the High Court has ruled.

Evidence in dismissal claims Fit notes are also likely to be relevant in unfair dismissal claims following a long term absence.

Joanne has acted for a number of Prisons on behalf of the Secretary of State for Justice in unfair dismissals most of which have included allegations of discrimination.

All of this is found in the Unfair Contract Terms Act 1977.

This experience is all the more important in an unfair dismissal case, where the key question is usually whether an employer's decision to dismiss was, overall, reasonable.»

The injured party has been placed by defendants in the unfair position of pointing to which defendant caused the harm.

Although EC law requires full compensation for discrimination, that does not mean that a tribunal should not apply in such cases an approach similar to that applied in unfair dismissal cases via the Polkey reduction.

Before joining the firm, she defended class actions on behalf of insurance and financial services clients, gaining experience in unfair competition and deceptive trade practices claims, contract breaches, and RICO.

The Beijing Intellectual Property Court recently handed down a decision in favour of the famous American department store, Macy's West Stores, in an unfair competition..

a respondent local authority in an unfair dismissal, sex discrimination and victimisation claim

Discrimination is an action or a decision that results in unfair treatment of person or a group for unfair reasons such as their race, age, disability, sexual orientation, or -LSB-...]

His skills of persuasion have frequently been brought to bear in unfair labour practice complaints, certification and terminations applications, work assignment disputes, as well as related employer and sale of business applications.

In discussing this third requirement, the McHugh court found that where the divorce is the result of one spouse's misconduct (for example, adultery), the innocent spouse's premarital agreement to give up rights, such as to alimony, may not be enforceable because it would result in an unfair result.

Giving the Board the power to impose automatic certification of a union, without a vote, in the event an employer is found to have engaged in an unfair labour practice, or automatic revocation of a union's certification, without a vote, in the event the union is found to have engaged in an unfair labour practice.

This acts as a barrier to the registration of children of single women with Indian status that works in unfair ways to exclude individuals based on the circumstances or decisions of their parents.

The new rates take effect where the «appropriate date» for the cause of action (such as the date of termination in an unfair dismissal claim) falls on or after 6 April 2018.

The Arbitrator agreed that this would place significant prejudice on the insurer and result in an unfair / illogical outcome.

By contrast, in unfair prejudice proceedings, the company is not usually ordered to pay any costs.

When a couple that had a prenup decides to divorce, and the prenup seems to result in an unfair result to one spouse, that spouse may very likely go to court to try and have the prenup set aside and request that the court use the laws of the state to make decisions about alimony and property division.

Although the outcome tends to support the notion that the deal made in the prenuptial agreement years earlier was unfair to that spouse, courts routinely enforce prenups that result in an unfair outcome, but will take a second look when enforcing the prenup would create such a disparity of wealth that the disadvantaged spouse would end up close to destitute or on public benefits.

These discussions, providing they meet the required criteria, can not be used as evidence in unfair dismissal proceedings, [60] although, unless the without prejudice rule can genuinely apply, they could be used in whistleblowing or discrimination claims.

In this regard, it may be noted that in May 2012, the Financial Services Commission of Ontario («FSCO») charged Assessment Direct with knowingly making false or misleading statements to an auto insurer to obtain payment for services provided to an insured and for engaging in an unfair or deceptive trade practice.

The court has a wide discretion to make such order as it thinks fit for giving relief in respect of the matters complained of in an unfair prejudice petition.