What is unfair dismissal? Under section 98 of Employment Rights Act 1996‚ in determining whether the dismissal of an employee is just or unjust‚ the employers have the obligations to prove that there were solid reasons for dismissal. Failure to prove -> unfair dismissal Qualifying period increases http://www.lexisnexis.com/uk/legal/results/enhdocview.do?docLinkInd=true&ersKey=23_T16964167151&format=GNBFULL&startDocNo=0&resultsUrlKey=0_T16964167163&backKey=20_T16964167164&csi=371442&docNo=11
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1 .Identify and explain five reasons for dismissal that would be considered ‘fair’ according to current legal definitions . Misconduct : Employee have broken one or more of the terms of their employment‚ e.g.: Continually missing work ‚ poor discipline ‚ theft or dishonesty. Redundancy : This means there’s no more‚ or not enough work for employee. It might occur if: employer closes or restructures ‚employer relocates ‚employer needs fewer workers . Incapability : This means that employee can’t
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Deceptive Trade Practices and Tort Liability Authored by :- RESEARCH QUESTION • What is the Scope and extent of liability in tort regarding deceptive trade practices undertaken by persons and what are the means of redressal for the same ? • Whether the current status of development of liability in tort regarding fraudulent trade practices and awareness about the aforesaid is sufficient for adequate and
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t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal. The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee‚ there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract‚ damages will often be limited to the
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Unfair Competition Unfair competition in a sense means that the competitors compete on unequal terms‚ because favourable or disadvantageous conditions are applied to some competitors but not to others; or that the actions of some competitors actively harm the position of others with respect to their ability to compete on equal and fair terms. It contrasts with fair competition‚ in which the same rules and conditions are applied to all participants‚ and the competitive action of some does not harm
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Relativist Morality is unfair discuss Relativist morality could be seen as unfair‚ when looked at closely and seen from critics’ point of view it becomes clear that it is easy to question perhaps because of its weakness as a moral system. The weakness could somewhat be perceived as making Relativist morality unfair. A relativist cannot pass judgement but yet to be true to their name ‘relativist’ they would be practising ‘do not pass judgement’ thus they are preaching to others that they should
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The colonists felt that the british government was being unfair‚ and rightfully so. The british was pressing unfair taxes onto the colonists in order to gain money to fix their own problems. This was a smart move for the british considering that the colonists didn’t have much firepower.... Or at least that’s what the British thought. Picture in your head if you were being taxed for a lot of money by someone who had absolute power‚ and you had no say in the matter. How would you feel? The American
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Unfair Dismissal Acts 1977 – 2007 1. What workers are excluded from the protection of the Unfair Dismissals Acts? • Employees with less than one year’s continuous service‚ but this does not apply when the dismissal results from pregnancy or trade union activities – dismissal for such reasons is indefensible • Employees who have reached normal retiring age • Close relatives of the employer‚ employed and living at the employer’s residence or farm • Members of the Defence Forces or Gardai
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in powerful position from taking an unfair advantage of other people. Law ensures a safe and peaceful society‚ in which individual rights are preserved. Certain governments have cruel laws‚ where police and armies arrests and punishes people without a trial in the court. Law applies to every persons‚ public authorities‚ governmental departments‚ private bodies‚ profit making organizations as well as non-governmental organizations. The government and law should act in the interest of society and these
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Kabanets state that "the WTO does not create new problems for developing countries and then follow that up with the statement‚ "if the WTO creates a problem‚ we need to show: - That it is temporary‚ unavoidable and will disappear in the future - What should be done to eliminate the problem? - The WTO does everything possible to prevent problems in developing countries" (Milligan & Kabanets‚ 2005). The major flaw in the first argument is that the WTO does create problems for
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