Sentences with phrase «out of a wrongful dismissal»

1 This appeal arises out of a wrongful dismissal action.

Not exact matches

There is also no reporting or tracking to monitor potential wrongful expulsion or dismissal of «less desirable» students who are counseled out for misbehavior of low achievement.

Employers may be motivated to settle a case for wrongful dismissal for a number of reasons including avoiding a drawn out and costly legal dispute, the potential negative publicity and impact on company moral as well as the risk that a court may confirm that the company did wrongfully dismiss their employee.

Employment lawyers will recognise this principle expressed in the rule governing the award of damages in wrongful dismissal cases set out in Gunton.

The firm's areas of practice include: advising the multinational and multi-jurisdictional employer; Industrial Relations Board proceedings; collective agreements and bargaining; compensation and benefits plans; construction labour relations; employee relations; executive employment agreements and compensation; grievance arbitration; human rights and accommodation; injunctive court proceedings and judicial review; interest arbitration; Labour Relations Board proceedings; management training; mediation and alternative dispute resolution; occupational health and safety; outsourcing; pay equity; privacy; responding to union organizing and applications for certification sale or closure; strike or lock - out preparation and business continuity planning; workplace investigations; workplace safety and insurance; wrongful and constructive dismissal litigation.

Obtained, on behalf of a major engine manufacturer, federal court dismissal in a wrongful death lawsuit of claims that arose out of a crash of a MD600N helicopter in Turkey that resulted in the deaths of three passengers.

Moore J. ultimately awarded the laid off plaintiff damages for wrongful dismissal finding that the layoff had not been rolled out in accordance with the ESA and, therefore, did not qualify under the temporary layoff provisions of the ESA.

The court allowed the employee's wrongful dismissal suit, finding that the conduct had occurred 18 months prior to his dismissal and had been out of character.

The EAT's emphasis on the need to separate out the findings of unfair and wrongful dismissal is a reminder to employers to ensure employees are dismissed both fairly and in accordance with their contracts.

Wrongful dismissal cases often involve disputes as to whether the employee's entitlement to notice of dismissal is limited to that set out in the termination clause or if the former employee is entitled to significantly greater entitlements because the termination clause has breached the ESA and therefore the employee is entitled to reasonable notice of dismissal.

Yes, the theoretical underpinning of the two damages are different — wrongful dismissal damages arise out of contract (an implied term in the employment contract), whereas human rights lost wage damages are compensatory.

I do think claims will be inevitable because if you terminate someone based on the strength of out - of - facility video surveillance why wouldn't that employee allege a wrongful dismissal and a breach of privacy?»

By: Whitten and Lublin Category: Cause for Dismissal, Reasonable Notice, Severance Packages, Wrongful Dismissal Comments Off on The ins and outs of job severance

A court action for wrongful dismissal launched at the end of July against the New Brunswick Real Estate Association (NBREA), as well as four of its executive committee members, has been resolved out of court in favour of former NBREA executive director Louise Mazerall.