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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
doaj +2 more sources
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
doaj +1 more source
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
doaj +1 more source
Finding Fault in the Law of Unfair Dismissal: The Insubstantiality of Reasons for Dismissal
Industrial law journal, 2021 The question of whether an Employment Tribunal should accept the employer’s reason for a dismissal has received little attention in studies of the law of unfair dismissal.
Philippa Collins
semanticscholar +1 more source
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
doaj +1 more source
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
doaj +1 more source
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
doaj +1 more source
An Analysis of Commission for Conciliation, Mediation and Arbitration Awards [PDF]
, 2008 The paper reflects the analysis of 873 CCMA arbritation awards sampled from unfair dismissal and unfair labour practice cases for the years 2003 to ...
Benjamin, Paul +2 more
core +1 more source
Unfair dismissal: procedure, fairness and compensation [PDF]
, 2006 This article addresses those provisions of Employment Act (EA) 2002 (implemented on 1 October 2004) which introduce statutory disciplinary and grievance procedures.
Doherty, M. +3 more
core +1 more source