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Punitive Damages in Unfair Dismissal Cases: Lessons from Malaysia and New Zealand
Indonesian Comparative Law Review, 2023 Employers tend to dismiss employees without proper grounds, in bad faith or fail to follow procedure prescribed under law. An employee that has been dismissed unfairly can bring an action against the employer for unfair dismissal.
Siti Fazilah Abdul Shukor +1 more
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Assessing the Effectiveness of the European Social Charter: A Case Study on Dismissal Reforms
European Papers, 2023 (Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1569-1592 | Article | (Table of Contents) I. Introduction. - II. The Charter's perspective on the right to protection in cases of termination of employment. - II.1.
Nikolaos A. Papadopoulos
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Potchefstroom Electronic Law Journal, 2021 On 27 October 2020, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa v Aveng Trident Steel (A Division of Aveng Africa (Pty) Ltd) 2021 42 ILJ 67 (CC).
Kamalesh Newaj
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Defining Fairness in Dismissals of Unauthorised Foreign Nationals
Potchefstroom Electronic Law Journal, 2020 It is trite that if a person's employment is prohibited by law it is not possible for such a person to perform his or her work lawfully. However, people are employed despite failing to comply with statutory requirements.
Kamalesh Newaj
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Automatically Unfair and Operational Requirement Dismissals: Making Sense of the 2014 Amendments
Potchefstroom Electronic Law Journal, 2016 This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), where the reason for the dismissal is to "compel the employee to accept a demand in respect of any matter ...
Kamalesh Newaj, Stefan Van Eck
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SUL MUTAMENTO DEL RITO NEL PROCEDIMENTO SPECIALE PER I LICENZIAMENTI
Civitas et Lex, 2014 The proceeding for unfair dismissal claims has been introduced, nearly two years ago by law n. 92 of 2012, to speed up the civil process. However, the reform seems to generate more problems than benefits starting from question of the change of procedure.
Cosima Ilaria Buonocore
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Italian Labour Law e-Journal, 2020 This article examines the concept of the ‘employer’ in Australian labour law, showing how the use of this term (and the related concept of ‘employee’) can operate to limit the rights of workers in relation to unfair dismissal, collective bargaining and ...
Anthony Forsyth
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The Reinstatement and Compensation Conundrum in South African Labour Law
Potchefstroom Electronic Law Journal, 2016 The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications of a reinstatement or ...
Judith Geldenhuys
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Reasonable Accommodation In The Workplace: To Be Or Not To Be? [PDF]
Potchefstroom Electronic Law Journal, 2014 Freedom of religion is a fundamental right enshrined in and protected by section 15 of the Constitution. This right allows for the practice of religion without interference from the state and individuals.
Rowena Bronwen Bernard
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Re-Reading Erving Goffman as an Emancipatory Researcher
Disability Studies Quarterly, 2014 Erving Goffman’s work is often employed within Disability Studies. However, in Canada and the UK, most authors only discuss his Stigma (1963) or Asylums (1961), and his work is often dismissed as: a) individualistic; b) lacking a notion of social ...
Thomas Abrams
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