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Tag: Unfair / Wrongful Dismissal

UK Employment Law Update – June 2022 – Health & Safety

Posted on June 23, 2022 By admin No Comments on UK Employment Law Update – June 2022 – Health & Safety
UK Employment Law Update – June 2022 – Health & Safety

23 June 2022 Reed Smith (Worldwide) To print this article, all you need is to be registered or login on Mondaq.com. Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law. Case law updates COVID-19 – automatically unfair dismissal: The EAT has upheld the tribunal’s…

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Law

Constructive Dismissal Explained – Employment Litigation / Tribunals

Posted on June 20, 2022 By admin No Comments on Constructive Dismissal Explained – Employment Litigation / Tribunals
Constructive Dismissal Explained – Employment Litigation / Tribunals

To print this article, all you need is to be registered or login on Mondaq.com. On 21 April 2022, the Industrial Tribunal decided that, based on the elements of the case at hand, the employee CS (the “plaintiff”) was not forced to resign from his employment with the company RS&S Ltd (the “Company”). . The…

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Law

Court Of Appeal: Subjective Considerations Cannot Override The Plain Language Of A Termination Provision – Unfair / Wrongful Dismissal

Posted on June 18, 2022 By admin No Comments on Court Of Appeal: Subjective Considerations Cannot Override The Plain Language Of A Termination Provision – Unfair / Wrongful Dismissal
Court Of Appeal: Subjective Considerations Cannot Override The Plain Language Of A Termination Provision – Unfair / Wrongful Dismissal

To print this article, all you need is to be registered or login on Mondaq.com. In a decision released on June 8, 2022, the Court of Appeal for Ontario overturned the motion judge’s decision in Rahman v. Cannon Design Architecture Inc., 2021 ONSC 5961, a case we blogged on last year (read our…

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Law

Ontario, Canada Appeal Court Decides Employment Not Continuous For Purposes Of Reasonable Notice Calculation For Employee Dismissed Then Rehired Following CCAA Proceedings – Unfair / Wrongful Dismissal

Posted on June 17, 2022 By admin No Comments on Ontario, Canada Appeal Court Decides Employment Not Continuous For Purposes Of Reasonable Notice Calculation For Employee Dismissed Then Rehired Following CCAA Proceedings – Unfair / Wrongful Dismissal
Ontario, Canada Appeal Court Decides Employment Not Continuous For Purposes Of Reasonable Notice Calculation For Employee Dismissed Then Rehired Following CCAA Proceedings – Unfair / Wrongful Dismissal

In Antchipalovskaia v. Guestlogix Inc.2022 ONCA 454, the employer appealed a decision that the employee was entitled to 12 months’ notice for her dismissal without cause, which was based in part on a finding that she was continuously employed from 2011 to 2019. The Court of Appeal for Ontario (OCA) allowed the appeal because in…

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Law

What is summary dismissal? – Employee Rights / Labor Relations

Posted on June 17, 2022 By admin No Comments on What is summary dismissal? – Employee Rights / Labor Relations
What is summary dismissal?  – Employee Rights / Labor Relations

To print this article, all you need is to be registered or login on Mondaq.com. Summary dismissal refers to instant dismissal or dismissal without notice. It is a harsh form of discipline you can impose as an employer. You should exercise caution when seeking to summarily dismiss an employee for engaging in serious misconduct. This…

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Law

All Good Things Come To An End: Court Of Appeal Overturns Rahman Decision That Distinguished Waksdale – Unfair / Wrongful Dismissal

Posted on June 13, 2022 By admin No Comments on All Good Things Come To An End: Court Of Appeal Overturns Rahman Decision That Distinguished Waksdale – Unfair / Wrongful Dismissal
All Good Things Come To An End: Court Of Appeal Overturns Rahman Decision That Distinguished Waksdale – Unfair / Wrongful Dismissal

Bottom Line In September 2021, the Superior Court of Justice Rahman v Cannon Design Architecture Inc. (“Rahman“) upheld the” just cause “termination provision in an employment contract. This decision provided employers with hope that courts may shift from the rigid and strict interpretation of employment contracts that has arisen since the Court of Appeal’s decision…

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Law

Fair Work upholds decision to dismiss for IP disclosure – Employee Rights / Labor Relations

Posted on June 10, 2022 By admin No Comments on Fair Work upholds decision to dismiss for IP disclosure – Employee Rights / Labor Relations
Fair Work upholds decision to dismiss for IP disclosure – Employee Rights / Labor Relations

To print this article, all you need is to be registered or login on Mondaq.com. A recent decision of the Fair Work Commission to uphold the dismissal under the Small Business Fair Dismissal Code highlights the value to business of ensuring employment agreements include important intellectual property protections. In August 2021 Amplified AI Pty Ltd…

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Law

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