Sentences with phrase «subsequent dismissal of»

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.

Not exact matches

Return of the Mooch: Despite his controversial public comments and subsequent dismissal from Trump's White House, former communications director Anthony Scaramucci is garnering enthusiastic support from the Orthodox Jewish community.

There have also been subsequent reports that Irving is unnerved by Cleveland's special brand of executive turmoil, especially in the wake of former GM David Griffin's bizarre dismissal.

Participated in obtaining dismissal of remediation contractor's breach of contract claim against a Florida hospital, and subsequent defense and favorable resolution of remaining state law quasi-contract and mechanic's lien claims prior to trial.

With respect to the issue of what happens if the employee becomes sick or injured subsequent to the termination of his employment, during which period of time he ought to have had coverage under an LTD policy, see my summary of the Brito case in the post The Requirement to Maintain Disability Benefits on Dismissal.

Brodie relied upon this letter in subsequent proceedings based upon a complaint of unfair (constructive) dismissal.

The test for a finding of constructive dismissal, set out in Potter v. New Brunswick Legal Aid Services Commission, («Potter test») was applied in finding that the ultimatum which was issued in November and the subsequent actions taken by the employer amounted to constructive dismissal.

In any event, the Claimant would be estopped from arguing that the dismissal constituted the end of a discriminatory course of conduct in light of the (subsequent) Tribunal decision — which had heard evidence relating to the earlier complaints by way of relevant background — that it was not.

A subsequent SEC investigation into Smith's dismissal, and whether the company fired her in violation of whistleblower laws, is «at an early stage,» the WSJ reported.

It is likely that the unsuccessful respondent will be unable to re-litigate the allegations that founded an award for (for example) unfair dismissal in PHA 1997 proceedings, as an issue estoppel arises: «Where a particular issue forming a necessary ingredient in the cause of action has been litigated and decided and in subsequent proceedings between the same parties involving a different cause of action to which the same issue is relevant one of the parties seeks to reopen that issue» (Arnold v National Westminster Bank plc [1991] 2 AC 93, [1991] 3 All ER 41, per Lord Keith of Kinkel).

Previously, such employers ran the risk of an IME request being unjustified or ordered in bad faith, and as a potential basis for, or a contributor to, a subsequent discrimination complaint or wrongful dismissal lawsuit.

Chweidan v Mischon de Reya [2014] EWHC 2685 (QB) Acted for Mischon de Reya in High Court professional negligence claim arising out of an employment tribunal claim (and subsequent appeals) brought by the Claimant claiming disability and age discrimination and unfair dismissal.

If the employer gives express warnings to an employee that he or she will be fired unless his or her performance improves, but then fails to carry through by invoking dismissal when further incidents of inadequate performance occur, the prior warnings may be regarded as spent and the employer will be taken to have condoned the performance deficiencies subsequent to the warning.

It held that there is not necessarily such a break in the chain because the object is to put the employee into the position he would have been in had there been no discrimination and (if the claimant can prove this effect) the result of the discrimination has been to put the employee into the job market at a time not of his choosing and subject to the stigma disadvantage: ``... the discriminatory dismissal does not only shorten what would otherwise have been Mr Chagger's period of employment with Abbey; it also alters the subsequent career path that might otherwise have been pursued.»

As the Appeal Court noted, «The trial judge found that the magnitude of the total number of defective camshafts, which the appellant allowed to pass uncorrected during his shift, taken together with his subsequent dishonesty about them, was the culminating event that formed the primary basis for his dismissal for cause.»

Advised in connection with an internal investigation into plagiarism allegations against a tenured university professor and subsequent disciplinary proceedings; obtained the dismissal of a subsequent lawsuit for defamation

Manually code accounts for incoming bankruptcies in Green Screens, as well as the subsequent dismissals, reinstatements, or discharges of the bankruptcies, while properly documenting all account activity across multiple platforms.

A muddied state of affairs exists at the New Brunswick Real Estate Association (NBREA), following the dismissal of the association's executive officer and a subsequent special membership vote calling for the resignation of four executives of the Board of Directors, including the president.