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Journal articles on the topic 'Dismissal law'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Gusmansyah, Wery. "PEMBERHENTIAN KEPALA DAERAH KARENA MELAKUKAN TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG HUKUM ISLAM." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 3, no. 1 (2018): 29. http://dx.doi.org/10.29300/imr.v3i1.2141.

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Abstract: The process of dismissal according to the Act is without going through the proposal of the DPRD and being tried directly by the Corruption Court. When the file has been submitted to the court a temporary stop will be applied. After obtaining a permanent decision (inkracht), if proven to be innocent then no later than 30 days the Regional Head concerned will be reactivated. If proven guilty the President dismisses the Governor and / or Deputy Governor and the Minister dismissing the Regent and / or Deputy Regent and Mayor and / or Deputy Mayor. The case of corruption that is authorize

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2

Sanders, Astrid. "The law of unfair dismissal and behaviour outside work." Legal Studies 34, no. 2 (2014): 328–52. http://dx.doi.org/10.1111/lest.12023.

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Four of the better-known unfair dismissal cases involve dismissals of employees for behaviour outside work. All four of those dismissals were held to be ‘fair’. This paper looks afresh at the subject matter of dismissals for behaviour outside work. It will argue, first, that employment tribunals should apply a separate framework to dismissals for behaviour outside work and not just apply the normal framework that is designed for dismissals for behaviour at work. Secondly, the paper will construct this separate framework to apply to dismissals for extramural behaviour. It will be argued that th

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3

Newaj, Kamalesh. "Defining Fairness in Dismissals of Unauthorised Foreign Nationals." Potchefstroom Electronic Law Journal 23 (August 24, 2020): 1–25. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a7586.

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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. One such class of persons consists of unauthorised foreign nationals. This arises in circumstances where they are employed without work permits or where their work permits expire during employment. The Labour Court in Discovery Health Limited v CCMA 2008 7 BLLR 633 (LC) has affirmed that the absence of a valid work permit does not invalidate the contract of employment, thereby

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4

Hepple, Bob. "Dismissal Law in Context." European Labour Law Journal 3, no. 3 (2012): 207–14. http://dx.doi.org/10.1177/201395251200300303.

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5

Cho, Joonmo, and Kyu-Young Lee. "Deregulation of dismissal law and unjust dismissal in Korea." International Review of Law and Economics 27, no. 4 (2007): 409–22. http://dx.doi.org/10.1016/j.irle.2007.09.001.

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6

Sims, V. K. "NO COMMON LAW ACTION FOR UNFAIR DISMISSAL." Cambridge Law Journal 60, no. 3 (2001): 441–92. http://dx.doi.org/10.1017/s0008197301281197.

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In view of the restrictions inherent in the law on unfair dismissal, in relation to both the parameters of making a claim and the maximum amount of damages, it is not surprising that in Johnson v. Unisys Ltd. [2001] 2 W.L.R. 1076 the House of Lords was confronted with an attempt to circumvent the statutory system. Mr. Johnson was summarily dismissed in circumstances which were held to amount to an unfair dismissal, and received the maximum amount of damages. Unfortunately for Mr. Johnson, who had been diagnosed with a stress-related illness before, he suffered a mental breakdown, and has since

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7

ZENTAR, RÉMY. "UNFAIR DISMISSAL." Industrial Law Journal 14, no. 1 (1985): 215–16. http://dx.doi.org/10.1093/ilj/14.1.215.

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8

SCHOFIELD, P. "UNFAIR DISMISSAL." Industrial Law Journal 14, no. 1 (1985): 57–60. http://dx.doi.org/10.1093/ilj/14.1.57.

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9

COLLINS, HUGH. "UNFAIR DISMISSAL." Industrial Law Journal 15, no. 1 (1986): 113–17. http://dx.doi.org/10.1093/ilj/15.1.113.

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10

ZENTAR, REMY. "UNFAIR DISMISSAL." Industrial Law Journal 15, no. 1 (1986): 117–19. http://dx.doi.org/10.1093/ilj/15.1.117.

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11

LEWIS, DAVID B. "UNFAIR DISMISSAL." Industrial Law Journal 15, no. 1 (1986): 203–4. http://dx.doi.org/10.1093/ilj/15.1.203.

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12

MCLEAN, HAZEL. "UNIFAIR DISMISSAL." Industrial Law Journal 15, no. 1 (1986): 205–7. http://dx.doi.org/10.1093/ilj/15.1.205.

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13

LEWIS, DAVID. "UNFAIR DISMISSAL." Industrial Law Journal 16, no. 1 (1987): 110–12. http://dx.doi.org/10.1093/ilj/16.1.110.

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14

MCMULLEN, JOHN. "WRONGFUL DISMISSAL." Industrial Law Journal 17, no. 1 (1988): 182–88. http://dx.doi.org/10.1093/ilj/17.1.182.

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15

RIDEOUT, R. W. "UNFAIR DISMISSAL." Industrial Law Journal 17, no. 1 (1988): 41–44. http://dx.doi.org/10.1093/ilj/17.1.41.

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16

LEWIS, DAVID. "UNFAIR DISMISSAL." Industrial Law Journal 17, no. 1 (1988): 44–46. http://dx.doi.org/10.1093/ilj/17.1.44.

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17

LEWIS, DAVID. "UNFAIR DISMISSAL." Industrial Law Journal 18, no. 4 (1989): 253–55. http://dx.doi.org/10.1093/ilj/18.4.253.

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18

COLLINS, HUGH. "UNFAIR DISMISSAL." Industrial Law Journal 19, no. 1 (1990): 39–43. http://dx.doi.org/10.1093/ilj/19.1.39.

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19

Ewing, K. D., and J. Hendy Qc. "Unfair Dismissal Law Changes--Unfair?" Industrial Law Journal 41, no. 1 (2012): 115–21. http://dx.doi.org/10.1093/indlaw/dws004.

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20

Carby‐Hall, J. R. "THE LAW OF WRONGFUL DISMISSAL." Managerial Law 28, no. 4 (1986): i—13. http://dx.doi.org/10.1108/eb022425.

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21

Carby‐Hall, J. R. "ASPECTS OF UNFAIR DISMISSAL LAW." Managerial Law 33, no. 1/2/3 (1991): 1–65. http://dx.doi.org/10.1108/eb022446.

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22

Napier, B. W. "Reconstructing the Law of Unfair Dismissal." Cambridge Law Journal 47, no. 1 (1988): 21–24. http://dx.doi.org/10.1017/s0008197300133653.

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23

Bakirci, Kadriye. "Unfair Dismissal in Turkish Employment Law." Employee Responsibilities and Rights Journal 16, no. 2 (2004): 49–69. http://dx.doi.org/10.1023/b:errj.0000023178.26663.2a.

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24

van Voss, Guus Heerma, and Beryl ter Haar. "Common Ground in European Dismissal Law." European Labour Law Journal 3, no. 3 (2012): 215–29. http://dx.doi.org/10.1177/201395251200300304.

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25

Newaj, Kamalesh. "Does the incorrect classification of misconduct charges constitute substantive unfairness? EOH Abantu v CCMA (2019) 40 ILJ 2477 (LAC)." Obiter 41, no. 3 (2021): 631–41. http://dx.doi.org/10.17159/obiter.v41i3.9586.

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Dismissals are commonplace in employment and arise for various reasons. One such reason is the unacceptable or undesirable conduct of an employee, which is recognised as a dismissal for misconduct. Notwithstanding the employers’ right to effect dismissals, employees are considerably protected by the law (s 185 of the Labour Relations Act (LRA)). An employee has the right to challenge his/her dismissal by referring an unfair dismissal dispute to the CCMA (s 191 of the LRA). This is not surprising considering the fact that fairness is the cornerstone of the employment relationship (as evident fr

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26

LEWIS, DAVID. "REMEDIES FOR UNFAIR DISMISSAL." Industrial Law Journal 14, no. 1 (1985): 115–17. http://dx.doi.org/10.1093/ilj/14.1.115.

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27

STOKES, MARY. "REMEDIES FOR UNFAIR DISMISSAL." Industrial Law Journal 14, no. 1 (1985): 117–21. http://dx.doi.org/10.1093/ilj/14.1.117.

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28

Ubber, Thomas. "Agenda 2010: Reform of German Labour Law: Impact on Hiring and Firing Staff." German Law Journal 5, no. 2 (2004): 135–41. http://dx.doi.org/10.1017/s2071832200012311.

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With its “Agenda 2010”, the German Government aims at a comprehensive reform of the German labour market. With regard to labour law, changes are planned notably concerning the protection against dismissal and limited-term employment contracts. For the first time, there will be a standard statutory claim to a severance payment (under certain circumstances) in the case of dismissals for operational reasons (redundancies).

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29

Beebeejaun, Ambareen. "Unfair dismissal in the Mauritius context: a comparative study." International Journal of Law and Management 60, no. 6 (2018): 1299–312. http://dx.doi.org/10.1108/ijlma-07-2017-0158.

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Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach

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30

Suhartono, Arif, H. M. Said Karim, and Marwati Riza. "Criminal Accountability Against Illegal Civil Servant Salary Receipt in Criminal Acts of Corruption." Papua Law Journal 3, no. 2 (2019): 99–116. http://dx.doi.org/10.31957/plj.v3i2.787.

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The current study draws attention to analyze the right to salary of Civil Servant (PNS) undergoing legal proceedings and to analyze the qualifications of criminal act of corruption within the scope of the State Civil Apparatus. This study was an empirical legal research. The findings showed that the right to salary and benefits of Civil Servant undergoing legal proceedings was regulated in Article 281 of Law No. 11 of 2017 concerning Management of Civil State Apparatus that Civil Servant who were temporary dismissed due to detention of a suspect shall not be entitled to receive salary, but sha

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31

de Vaate, Vivian Bij. "Achieving flexibility and legal certainty through procedural dismissal law reforms." European Labour Law Journal 8, no. 1 (2017): 5–27. http://dx.doi.org/10.1177/2031952517699103.

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This paper deals with the changes that were introduced in dismissal law in Germany, Italy and the Netherlands. The reforms in these countries all aimed at greater flexibility by reducing dismissal cost, making dismissal more predictable and shortening dismissal cases. In order to do so, the countries not only focused on changing the substantive dismissal rules, but also changed procedural rules. Moreover, Germany, Italy and the Netherlands shared the same objectives: the encouragement of early settlements between employer and employee and the introduction of a preliminary assessment procedure.

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32

Newaj, Kamalesh, and Stefan Van Eck. "Automatically unfair and operational requirement dismissals: Making sense of the 2014 amendments." Potchefstroom Electronic Law Journal 19 (October 10, 2017): 1–30. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1203.

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This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act, where the reason for the dismissal is to "compel the employee to accept a demand in respect of any matter of mutual interest". This provision raised important questions of law, as it brought to the fore the conflict that existed between this provision and sections 188(1)(a)(ii) and 189 of the LRA, which permits dismissals for operational requirements. This dichotomy was dealt with by the court in Fry's Metals, but the decision was controversial and faced criticism.

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33

Howe, Joanna, Laurie Berg, and Bassina Farbenblum. "Unfair Dismissal Law and Temporary Migrant Labour in Australia." Federal Law Review 46, no. 1 (2018): 19–48. http://dx.doi.org/10.22145/flr.46.1.2.

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Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the ability of temporary migrant workers to access legal remedies under Australian employment law. This article examines whether temporary migrant workers are able to make and pursue a claim for unfair dismissal within the federal jurisdiction. As unfair dismissal law seeks to protect job security and provides an essential check on managerial prerogative, it is important that temporary migrant workers are abl

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34

HERVEY, TAMARA. "Small Business Exclusion in German Dismissal Law." Industrial Law Journal 23, no. 3 (1994): 267–72. http://dx.doi.org/10.1093/ilj/23.3.267.

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35

Brodtkorb, Tor. "Employee misconduct and UK unfair dismissal law." International Journal of Law and Management 52, no. 6 (2010): 429–50. http://dx.doi.org/10.1108/17542431011093135.

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36

Cripps, Yvonne. "Dismissal, Jurisdiction and Judicial Review." Cambridge Law Journal 44, no. 2 (1985): 177–80. http://dx.doi.org/10.1017/s0008197300115247.

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37

Collins, Hugh, and Virginia Mantouvalou. "RedfearnvUK: Political Association and Dismissal." Modern Law Review 76, no. 5 (2013): 909–23. http://dx.doi.org/10.1111/1468-2230.12040.

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38

Rideout, R. W. "Unfair Dismissal—Tribunal or Arbitration." Industrial Law Journal 15, no. 1 (1986): 84–96. http://dx.doi.org/10.1093/ilj/15.1.84.

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39

MRF. "NOTES. Claim for Unfair Dismissal." Industrial Law Journal 30, no. 3 (2001): 305–11. http://dx.doi.org/10.1093/ilj/30.3.305.

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40

Rowland, D. "Commentary: Discrimination and Constructive Dismissal." Industrial Law Journal 30, no. 4 (2001): 381–87. http://dx.doi.org/10.1093/ilj/30.4.381.

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41

Wynn-Evans, C. "Constructive Dismissal, TUPE and Subsidiarity." Industrial Law Journal 31, no. 3 (2002): 282–85. http://dx.doi.org/10.1093/ilj/31.3.282.

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42

Vickers, L. "Unfair Dismissal and Human Rights." Industrial Law Journal 33, no. 1 (2004): 52–58. http://dx.doi.org/10.1093/ilj/33.1.52.

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43

Ждан, М. Д. "ЩОДО ПРОБЛЕМИ ПРАВОВОГО РЕГУЛЮВАННЯ ВІДСТОРОНЕННЯ ПРАЦІВНИКА ВІД РОБОТИ". Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", № 30 (2019): 48–55. http://dx.doi.org/10.34142/23121661.2019.30.05.

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The purpose of the scientific article is to determine the purpose of dismissal of the employee and the reasons for such removal. It is proved that today neither current legislation, nor jurisprudence, nor science contain a single well-considered vision of the place of exclusion in the labor law system. It is noted that termination of work is always an intermediate stage, which will end either with the renewal of the employment contract and return to previous work, or with the change of the employment contract, or, even, its termination. It is substantiated that, upon dismissal from work, the m

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44

Conaghan, Joanne, Linda Dickens, Michael Jones, Brian Weekes, and Moira Hart. "Dismissed: A Study of Unfair Dismissal and the Industrial Tribunal System." Journal of Law and Society 13, no. 3 (1986): 439. http://dx.doi.org/10.2307/1410020.

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45

Voitkovskaya, I. V. "Dismissal Allowances to Employees Dismissed by Agreement of the Parties: Epistola Non Erubesci." Actual Problems of Russian Law 15, no. 7 (2020): 91–102. http://dx.doi.org/10.17803/1994-1471.2020.116.7.091-102.

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The paper analyzes jurisprudence of the courts of general jurisdiction with regard to disputes claiming recovery of dismissal allowances stipulated by an employment termination agreement. The author identifies errors in the field of application of employment law rules regulating guarantees and analizes errors committed by courts due to improper understanding of the legal nature of dismissal allowances. The author substantiates arguments and criteria that can be used to determine whether dismissal allowances are adequate and proportionate, examines the problems associated with the application o

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46

Estreicher, Samuel. "Unjust Dismissal Laws: Some Cautionary Notes." American Journal of Comparative Law 33, no. 2 (1985): 310. http://dx.doi.org/10.2307/840207.

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47

R.W.B. "LONGER QUALIFYING PERIODS FOR UNFAIR DISMISSAL." Industrial Law Journal 14, no. 1 (1985): 144. http://dx.doi.org/10.1093/ilj/14.1.144.

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48

Collins, H. "Compensation for the Manner of Dismissal." Industrial Law Journal 33, no. 2 (2004): 152–58. http://dx.doi.org/10.1093/ilj/33.2.152.

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49

Komiyo, Fumito. "Law of dismissal and employment practices in Japan." Industrial Relations Journal 22, no. 1 (1991): 59–66. http://dx.doi.org/10.1111/j.1468-2338.1991.tb00627.x.

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50

ARNULL, A. "EC Law and the Dismissal of Pregnant Servicewomen." Industrial Law Journal 24, no. 3 (1995): 215–34. http://dx.doi.org/10.1093/ilj/24.3.215.

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