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Journal articles on the topic 'Grounds for dismissal'

Author: Grafiati

Published: 5 June 2025

Last updated: 1 August 2025

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1

Abdul Shukor, Siti Fazilah, and Siti Suraya Abd Razak. "Punitive Damages in Unfair Dismissal Cases: Lessons from Malaysia and New Zealand." Indonesian Comparative Law Review 6, no. 1 (2023): 35–45. http://dx.doi.org/10.18196/iclr.v6i1.19623.

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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. Damage is the most sought remedy of the employee for unfair dismissal claims. Punitive damage is a form of monetary remedy awarded by the court in addition to the actual damage to the aggrieved party. Punitive damage is awarded as a punishment to the wrongdoer. Punitive damage has become the remedy in both Malaysia and New Zealand. The objective of this study is to a

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2

Islankin, S. M. "Grounds and procedural procedure of dismissal from the post in criminal proceedings." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 355–60. http://dx.doi.org/10.24144/2788-6018.2022.01.64.

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In the scientific article, the legal and factual grounds for the application of the measure to ensure criminal proceedings in the form of dismissal from the post have been thoroughly investigated. It is concluded that there are legal grounds - the decision of the investigating judge or court on dismissal from the post; the decision of the President of Ukraine on dismissal from the post of persons appointed by him; the decision of the Supreme Council of Justice on temporary dismissal of the judge from the exercise of justice in connection with bringing to criminal responsibility, and the actual

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3

BERSCH, JUDITH A. "NO GROUNDS FOR DISMISSAL." Nursing 21, no. 10 (1991): 8. http://dx.doi.org/10.1097/00152193-199110000-00004.

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4

Costello, Kevin. "United Kingdom Legal Influence and Irish Unfair Dismissals Law." International Journal of Comparative Labour Law and Industrial Relations 40, Issue 2 (2024): 205–26. http://dx.doi.org/10.54648/ijcl2024008.

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The influence of the law of the United Kingdom in the design of Irish social legislation is notorious. While the imprints of its British antecedents are stamped on the general design of the (Irish) Unfair Dismissals Act 1977, the Irish Act introduced at least two innovations: (1) the imposition on employers of a comparatively higher ‘substantial grounds’ standard for justifying direct dismissal (rather than the weaker British ‘reasonable’ grounds standard); and (2) the insertion of a more liberal ‘reasonable to resign’ standard for justifying constructive dismissal (in place of what appeared,

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5

Volk, Elena A., and Kirill L. Tomashevski. "Dismissal of an employee at the initiative of the employer for a single gross violation of labour duties (clause 7 of Article 42 of the Labour Code of Belarus)." Russian Journal of Labour & Law 13 (2023): 275–95. http://dx.doi.org/10.21638/spbu32.2023.119.

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During the third global reform of the Labor Code of the Republic of Belarus, which took place in 2019-2020, Article 42 of the Labor Code was set out in a new edition. In the updated Article 42 of the Labor Code of the Republic of Belarus, five grounds for dismissal at the initiative of the employer for a single gross violation of labor duties were combined into one paragraph 7. In 2021, this paragraph was supplemented with three new grounds. In this paper, for the first time, an attempt is made to comprehensively analyze all eight grounds for dismissal on the initiative of the employer for a s

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6

Зашупіна, Ю. В. "ЗВІЛЬНЕННЯ ПРОКУРОРА В УМОВАХ ВОЄННОГО СТАНУ В УКРАЇНІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 33 (30 червня 2022): 114–19. https://doi.org/10.5281/zenodo.7057180.

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During the period of martial law in Ukraine, simultaneously with the need for military resistance by the Armed Forces of Ukraine, it is important to maintain law and order, as well as to prevent and eliminate cases of human rights violations. The Prosecutor's Office of Ukraine plays a major role in the implementation of this task. In order for the latter to properly perform their functions, prosecutors must be protected from outside undue pressure and must have guarantees against illegal termination of their powers and dismissal. The article is devoted to the issues of dismissal of a prose

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7

McShane, Steven L., and David C. McPhillips. "Predicting Reasonable Notice in Canadian Wrongful Dismissal Cases." ILR Review 41, no. 1 (1987): 108–17. http://dx.doi.org/10.1177/001979398704100109.

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In Canada, an employee dismissed without just cause—defined to include layoffs for lack of work as well as dismissals without sufficient grounds—can sue the employer for a severance payment in lieu of “reasonable notice.” Because the court determines reasonable notice according to the circumstances in each case, employers cannot easily calculate the correct amount of severance to give employees. The authors of this study identify the factors that significantly affected the length of notice awarded in more than 100 British Columbia cases in 1980–86 and develop a regression-based algorithm to es

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8

Davis, John C. "Teacher Dismissal on Grounds of Immorality." Clearing House: A Journal of Educational Strategies, Issues and Ideas 93, no. 2 (2020): 418–23. http://dx.doi.org/10.1080/00098655.2020.1729644.

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9

&NA;. "Refusing an assignment—grounds for dismissal?" Nursing 21, no. 4 (1991): 110. http://dx.doi.org/10.1097/00152193-199104000-00030.

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10

&NA;. "Refusing an assignment—grounds for dismissal?" Nursing 21, no. 4 (1991): 110. http://dx.doi.org/10.1097/00152193-199121040-00030.

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11

Khomyshyn, I. "Legal mechanism of dismissal and termination of judge authorities: problem aspects." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 645–51. http://dx.doi.org/10.24144/2788-6018.2023.04.101.

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The article identifies the problems of the legal mechanism for the dismissal and termination of a judge’s powers, formulates directions for improving the legislation of Ukraine, which regulates the dismissal of a judge from office and the termination of his official powers. The following problems of the legal mechanism for the dismissal and termination of a judge’s powers have been identified: 1) constant changes in the legislation lead to the presence of a number of transitional provisions, differentiation of the grounds and mechanism for the termination of a judge’s legal status; 2) the uneq

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12

Mtunuse, PT, and T. Ncetezo. "Notes: Incompatibility in the Workplace as a Ground for Dismissal in South Africa: A Review of Cases." Industrial Law Journal 45, no. 1 (2024): 41–52. http://dx.doi.org/10.47348/ilj/v45/i1a3.

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Incompatibility occurs in a workplace when an employee does not work amicably with colleagues, fellow employees, and clients. However, in certain circumstances, incompatibility may occur due to the employer’s actions against employees. Incompatibility is not listed as a ground of fair dismissal in the Labour Relations Act (LRA) 66 of 1995, but arises from case law. Incompatibility is classified variously under incapacity, operational requirements, or misconduct. This note aims to investigate circumstances in which an employee may be dismissed for incompatibility at the workplace. A review of c

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13

Левинова, Татьяна Алексеевна. "Возрастные ограничения на государственной службе: проблемы теории и практики". Demidov Law Journal 13, № 1 (2023): 28–37. https://doi.org/10.18255/2306-5648-2023-1-28-37.

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The article analyzes the problems associated with age restrictions in the public service of various types. The author notes the controversial approach of the legislator to the determination of the legal nature of such a specific ground for termination of the contract and dismissal from the public service as an employee reaching the age limit for being in the public service, as well as unsatisfactory normative regulation of the procedure for dismissing an employee from service on this ground, gives examples from judicial practice. It is proposed to introduce a unified mechanism for the dismissa

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14

Zhizherina, Yu Yu. "Jurisprudence: dismissal of remote worker." Voprosy trudovogo prava (Labor law issues), no. 3 (March 27, 2024): 162–67. http://dx.doi.org/10.33920/pol-2-2403-05.

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15

Cohen, Phil. "AIDS no grounds for dismissal says UKCC." Nursing Standard 2, no. 25 (1988): 6. http://dx.doi.org/10.7748/ns.2.25.6.s8.

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16

Lyerly, Eric. "Did court dismiss student's due process claim?" Recruiting & Retaining Adult Learners 25, no. 12 (2023): 8. http://dx.doi.org/10.1002/nsr.31068.

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A graduate student in the Slippery Rock University physician assistant program was placed at the Wellington Retreat in Florida for her first clinical rotation. The student handbook for the program outlined the university's policies and procedures, including the grounds for dismissal. It stated that a student could be dismissed from the program based on inappropriate behavior or unprofessional conduct at a clinical site.

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17

Циганчук, М. С. "ЗВІЛЬНЕННЯ ПРАЦІВНИКІВ ЗА ПОРУШЕННЯ ТРУДОВОЇ ДИСЦИПЛІНИ: ПІДСТАВИ ТА ГАРАНТІЇ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 32 (30 березня 2022): 273–78. https://doi.org/10.5281/zenodo.7056618.

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Among the large number of relationships that exist in society, one of the most common are labor relationships, and each person, in one way or another, participates in them, both from the side of the employee who is looking for means for earning and a proper existence and from the side of the employer who offers such persons work. Labor legislation establishes a large number of guarantees when entering into employment relations. Their existence, however, is the most important are the guarantees during dismissal since currently, there are common cases of unmotivated and groundless dismissal of e

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18

Москвич, Л.М. "ПРОБЛЕМНІ ПИТАННЯ ВСТАНОВЛЕННЯ ФАКТУ НЕСПРОМОЖНОСТІ СУДДІ ВИКОНУВАТИ ПОВНОВАЖЕННЯ ЗА СТАНОМ ЗДОРОВ'Я". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 28 (30 березня 2021): 95–104. https://doi.org/10.5281/zenodo.5549987.

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The legislator considers the dismissal of a judge due to health problems to be of general grounds. Nevertheless, at the moment, the implementation of this ground for dismissal is one of the most problematic due to several legal uncertainties. In particular, there is no list of diseases that give grounds for the conclusion of "inability to perform functions of justice". Accordingly, the mechanism for establishing the presence or absence of a judge's disease incompatible with the replacement of a judge guarantees a return to the position after health restoration. The article is dev

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19

Pastukh, Igor. "Legal regulation of termination of notary activities in connection with the commitment of an administrative offense related to corruption." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi 2, no. 15(27) (2023): 112–18. http://dx.doi.org/10.33098/2078-6670.2023.15.27.2.112-118.

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Purpose. The purpose of the work is to analyze the reasons for the termination of notarial activity by private and state notaries, to identify their features and grounds for application, to determine directions for improving their legal regulation in the legislation on notaries. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: analysis, terminological, logical-semantic

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20

Podorozhnii, Yevhen, Nataliia Obushenko, Kostiantyn Harbuziuk, and Oksana Platkovska. "Legislative regulation of grounds for dismissal of an employee for committing a corruption or corruption-related offense." Revista Amazonia Investiga 9, no. 26 (2020): 304–10. http://dx.doi.org/10.34069/ai/2020.26.02.34.

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The article is devoted to the analysis of the current legislation of Ukraine regarding the rationing of grounds for dismissal of an employee for committing corruption or corruption-related offenses. Scientific points of view and relevant provisions of general and specific legislation on the interpretation of such definitions as "corruption", "corruption offense" and "corruption-related offense" are analyzed. The necessity to study this issue is based on the fact that the European integration direction of Ukraine's development is not possible without effective counteraction to corruption as a n

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21

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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22

Tyc, Aneta, and Joseph Carby-Hall. "Constructive dismissal: the British way." Revue de droit comparé du travail et de la sécurité sociale 4 (2024): 240–51. https://doi.org/10.4000/12z74.

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The concept of constructive dismissal in the United Kingdom has its roots in statutory law, but the statute itself is silent on the circumstances which bring about the notion of constructive dismissal which is determined by the common law. Lord Justice Sedley put it aptly when he said « The way Parliament has done this is to grant statutory protection on the stem of the common law ». He then explains this by saying that « what circumstances can bring about a constructive dismissal is not determined by the Act which is silent on the subject, but by the common law ». Parliament considered that a

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23

Kivalo, L. V. "ILLEGAL DISMISSAL FROM THE PUBLIC SERVICE AS A GROUND FOR APPEALING TO THE ADMINISTRATIVE COURT." Constitutional State, no. 47 (October 18, 2022): 21–28. http://dx.doi.org/10.18524/2411-2054.2022.47.265280.

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The article analyzes the illegal dismissal of a public official from his position as a basis for applying for protection to an administrative court. It has been established that public service is an attribute of any civilized state. It is necessary for the functioning of society in a normal (that is, effective, planned, calm and productive) mode, because most of the issues that are decided by public administration bodies require close communication with society, its representatives and individual individuals. Attention is drawn to the fact that the quality and efficiency of public administrati

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24

Franke, Ann H. "Legal Watch: Private Misconduct as Grounds for Dismissal." Academe 76, no. 1 (1990): 88. http://dx.doi.org/10.2307/40249676.

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25

Kitchenko, M. Y. "The impossibility of providing an employee with a job as a new special ground for terminating an employment contract at the initiative of the employer: regarding the expediency of assigning it to the special grounds for dismissal." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 205–10. http://dx.doi.org/10.24144/2788-6018.2024.03.34.

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The introduction of martial law had a significant impact on all spheres of Ukrainian society. There was an urgent need to make changes to laws and other normative legal acts that establish the basic rights and freedoms of citizens and regulate the most important spheres of social relations. The attention of legislators also affected labor legislation, because in the conditions of martial law it became extremely important to ensure a balance between the needs of the state, the interests of employers and guarantees to employees. The study is devoted to the amendment of the Labor Code of Ukraine,

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26

Balamush, M. A., and L. V. Kivalo. "DISMISSAL OF A PERSON FROM THE PUBLIC SERVICE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION." Constitutional State, no. 48 (December 19, 2022): 7–14. http://dx.doi.org/10.18524/2411-2054.2022.48.267958.

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The article provides a structural analysis of the administrative and legal regulation of the procedure for the dismissal of a public servant from a position. It is emphasized that in the doctrine of administrative law there are significant gaps in knowledge about the peculiarities of the legal regulation of relations of dismissal of a person from public service. It is proposed to distinguish three levels of administrative-legal regulation of public relations regarding the dismissal of a public servant from his position: 1) public relations, which are actually regulated by the norms of administ

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27

Adhistianto, Mohamad Fandrian. "The Unconstitutionality of Termination of Employment on The Grounds of An Urgent Offence." Pandecta Research Law Journal 18, no. 1 (2023): 88–99. http://dx.doi.org/10.15294/pandecta.v18i1.41830.

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Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance t

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28

Kuznetsova, М. "Exercise of the employee's right to protection in connection with dismissal of the owner's initiative." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 107–11. http://dx.doi.org/10.24144/2788-6018.2021.04.18.

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The author conducted a study of the procedural aspects of dismissal of an employee at the owner's initiative and issues related to the exercise of the right to protection of employees from illegal or unjustified dismissal. The main characteristics of the release procedure of employees at the owner's initiative and problems that may arise due to non-compliance with the rules of such a procedure are identified. The content of the right to protection of an employee in case of illegal or unjustified dismissal as one of the fundamental guarantees in labor law and legislation has been clarifie

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29

Koman-Bednarczyk, Angelika. "The general clause "interest of service" as one of the grounds for optional dismissal from service on the example of a police officer - selected theoretical and case law aspects." Journal of Modern Science 57, no. 3 (2024): 241–55. http://dx.doi.org/10.13166/jms/191088.

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The principles of employing Police officers are regulated by the Act of April 6, 1990 on the Police, professional pragmatics of an autonomous nature. In the discussed pragmatics, the legislator divided the exhaustive catalog of reasons for dismissal from service into two reasons - obligatory and optional. The impetus for undertaking the research issues covered in this article was the construction of one of the reasons for optional dismissal from service. Namely, in accordance with Art. 41 section 2 point 5 of the Police Act, a police officer may be dismissed from service when an important inte

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30

Volgina, Galina, and Vera Kovrova. "Register of persons dismissed for loss of trust in the system of disciplinary coercion." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 2 (2022): 187–91. http://dx.doi.org/10.36511/2078-5356-2022-2-187-191.

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coercion, as well as the significance of its creation and certain gaps. A brief description is given of the prescriptions of normative acts regulating the issues of dismissal for corruption offenses. The issues of the procedure for including information in the register of persons dismissed for loss of trust, including the prospects for its use in law enforcement practice, are analyzed. The importance of the appearance of this register is noted, which consists in the fact that corrupt officials today have no opportunity to conceal facts about themselves, as well as to continue to commit crimina

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31

Kyselova, O. I., and I. V. Kordunian. "Protection of employees' labor rights during the quarantine." Legal horizons, no. 25 (2020): 65–70. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p65.

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In this article, the impact of the global pandemic on the organization of work at enterprises in Ukraine, and the protection of workers’ labor rights during the quarantine was overviewed. The grounds for dismissal of employees in Ukraine, which are provided in the Labor Code of Ukraine, were analyzed. Such forms of termination of the employment contract as dismissal at the employer’s initiative, termination of the employment contract at the employee’s initiative, and by agreement of the parties were explored. When terminating an employment contract at the employee’s initiative and by agreement

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32

Schöffmann, Peter C. "2019/12 Dismissal on grounds of sickness – Discrimination on grounds of disability? (AT)." European Employment Law Cases 4, no. 2 (2019): 70–74. http://dx.doi.org/10.5553/eelc/187791072019004002002.

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33

Stelmah, Vladimir. "Temporary suspension of the accused (suspect) from work: gaps in legislative regulation and ways to overcome them." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (2020): 125–35. http://dx.doi.org/10.35750/2071-8284-2020-1-125-135.

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Relevance of the research: In the Russian Federation a temporary suspension from work is provided as a measure of procedural coercion. Many theoretical and practical aspects of the application of this measure have not been fully explored, which complicates law enforcement practice and creates the prerequisites for violating its uniformity.Formulation of the problem: In the science a consensus has not been reached on subjects that may be removed from work. The correlation of temporary dismissal from work as a measure of procedural coercion with dismissal, carried out in a departmental manner. T

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34

Musabayev, M. "Problems of legal regulation of the grounds for termination of an employment contract at the initiative of the employer." Fundamental and applied researches in practice of leading scientific schools 31, no. 1 (2019): 140–45. http://dx.doi.org/10.33531/farplss.2019.1.28.

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The presented scientific article arises from the research of theoretical and practical problems of the legal regulation associated with the grounds and the procedure for termination of an employment contract at the initiative of the employer under a free market economy. The article substantiates a number of concepts, along with ideas and conclusions which are conceptual in theoretical terms and important for the legal practice. In particular, for the first time the classification of stages of development of the labor legislation regulating the procedure for termination of an employment contrac

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Lushnikov, Andrey M., Alexandr A. Karpov, and Dmitry A. Smirnov. "On some aspects of the fight against mobbing: problems of rulemaking and judicial practice." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 16, no. 4 (2022): 624. http://dx.doi.org/10.18255/1996-5648-2022-4-624-633.

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The article is devoted to the analysis of the problem of combating mobbing. The article substantiates that mobbing is not just an interdisciplinary concept, but also quite thoroughly rooted in common sense. Second, the everyday understanding of mobbing is clearly manifested in the claims of employees against employers, which were analyzed in the article. It was concluded that a request for a legislative ban on mobbing and its delineation was already quite ripe in society. The authors proposed a definition of mobbing, which they propose to include in the Labor Code of the Russian Federation. Al

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36

Kiselova, O. I., and Y. V. Nomirovskaya. "Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority." Legal horizons, no. 22 (2020): 58–64. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p58.

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The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law

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37

Nasonov, S. A. "Problems of the practice of the dismissal of the jury due to the tendentiousness of the composition: the effect of a legislative error or defects of judicial practice?" Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 186–93. http://dx.doi.org/10.17803/2311-5998.2020.74.10.186-193.

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The article examines problematic issues of theoretical understanding, legislative regulation and application in judicial practice of the criminal procedure the institute of the dismissal of the jury in view of its tendentiousness. The article notes that this institution is not implemented in judicial practice in a positive aspect, since all variations for the manifestation of a possible tendentiousness of the collegium are rejected by appeal and cassation courts. It is concluded that there are two irreparable contradictions in the basis of the procedural consolidation of this institution, whic

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38

Loginova, M. V., and H. D. Tsyhikalo. "Legal consequences of unlawful dismissal of a police officer with the consent of the parties with the employer, at his own request and other grounds." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 581–85. https://doi.org/10.24144/2788-6018.2025.03.1.89.

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The scientific article examines the legal consequences of unlawful dismissal of police officers of Ukraine, in particular in cases where such dismissal is issued with the consent of the parties, at their own request or on other grounds provided for by the current legislation. Attention is emphasized on the specifics of the legal status of a police officer as a public (public) employee, which determines a special procedure for termination of labor relations with him, and also gives this phenomenon of public-legal nature. It is noted that unlike ordinary labor disputes, cases of dismissal of pol

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39

Morozova, N. A. "Exonerative and Non-Exonerative Grounds for Administrative Offense Case Dismissal." Lex Russica 76, no. 10 (2023): 82–94. http://dx.doi.org/10.17803/1729-5920.2023.203.10.082-094.

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In the paper, the author proposes to divide all the circumstances entailing the termination of proceedings in a case of an administrative offense into three groups. The first unites grounds that should be regarded as irremediable procedural obstacles and in the presence of which this particular proceeding is impossible due to procedural obstacles, but at the same time, the issue of the offender’s responsibility can be resolved in another case. In the second group, the author proposes to include grounds resulting in impossibility of holding a person liable due to the lack of cause. The dismissa

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40

Kutsevich, А. "The current state of legal regulation of the release of civil servants: positive and negative aspects." Social Law, no. 3 (November 6, 2019): 118–25. http://dx.doi.org/10.37440/soclaw.2019.03.21.

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The specificity of the legal regulation of passing civil service in Ukraine (labor relations with civil servants) is that it is at the same time implemented by the rules of labor legislation and the rules of special legislation on civil service. The dismissal from the civil service is the final stage of its passage, which is accompanied by the loss of the civil servant status. Legal regulation of the order of civil servants dismissal is carried out taking into account the priority of special norms over the general ones, that is, first of all, the provisions of the Law of Ukraine “On Civil Serv

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Gundt, Nicola. "Dismissal on Economic Grounds in the Netherlands After July 2015." Revue de droit comparé du travail et de la sécurité sociale, no. 4 (December 1, 2017): 154–61. http://dx.doi.org/10.4000/rdctss.2302.

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Gundt, Nicola. "Dismissal on Economic Grounds in the Netherlands After July 2015." Revue de droit comparé du travail et de la sécurité sociale, no. 4 (December 1, 2017): 154–61. http://dx.doi.org/10.4000/rdctss.2553.

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Lee Dahl Hugh. "The constitutional right to work and grounds of dismissal restriction." Public Law Journal 13, no. 2 (2012): 109–34. http://dx.doi.org/10.31779/plj.13.2.201205.005.

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Okpaluba, Chuks, and Tumo Charles Maloka. "Incompatibility as a Ground for Dismissal in Contemporary South African Law of Unfair Dismissal: A Review of Zeda Car Leasing and Other Recent Cases." South African Mercantile Law Journal 33, no. 2 (2021): 238–59. http://dx.doi.org/10.47348/samlj/v33/i2a4.

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Although incompatibility is not listed along with incapacity, misconduct, or operational requirements in s 188(1)(a) of the Labour Relations Act 66 of 1995 as a ground for dismissal, in practice, it has been likened to all these statutorily laid down grounds to justify dismissal and abundant case law abound to bear witness to this assertion. A cursory reading of the cases of Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk [2020] ZALAC 4; Mgijima v MEC, Department of Education, Gauteng [2014] ZALCJHB 414; Edcon Ltd v Padayachee [2018] ZALCJHB 307 and Watson v South African Rugby Union (SARU

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Ivanytsya, Andriy. "Some features of service in the police according to the legislation of the Republic of Lithuania." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (2020): 97–101. http://dx.doi.org/10.31733/2078-3566-2020-5-97-101.

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The study deals with the peculiarities of service in the police of the Republic of Lithuania in relation to the general system of civil service, the status of the police and police officials, highlights the regulations governing the police. It is pointed out that in each country the formation of the specifics of the civil service and the police service was influenced by historical features, being in a certain legal family, the form of the state. It is established that in the Republic of Lithuania there is a special category of civil servants, called statutory civil servants, and they are subje

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Saurin, Sergey A. "Practical Issues of Correlation of the Corporate and Labor Law Basics in the Legal Regulation of Special Grounds for the Dismissal of a Head of an Organization." Civil law 6 (December 17, 2020): 32–35. http://dx.doi.org/10.18572/2070-2140-2020-6-32-35.

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This article is devoted to the analysis of the proportionality of the restriction of the labor rights of a head of an organization through the possibility of his unmotivated dismissal, taking into account the approaches of labor and corporate law and the established judicial practice. The author considers the issue of the legality of courts’ assessment of the actual grounds for dismissal of a head of an organization when deciding whether the employer has an obligation to pay compensation, provided for in Article 279 of Russian Labor Code.

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Vahitova, Rufina Z. "PROCEDURAL ASPECTS OF THE DISMISSAL OF EMPLOYEES IN CONDITIONS OF FORCED RELEASE." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 12/21, no. 153 (2024): 139–45. https://doi.org/10.36871/ek.up.p.r.2024.12.21.019.

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This article is devoted to the study of the legal aspects of the dismissal of employees in bankruptcy, as well as the analysis of its economic and social consequences. The key grounds for termination of employment contracts are considered, including the agreement of the parties, staff reduction, liquidation of the enterprise and voluntary dismissal, as well as the practical nuances of their application. Special attention is paid to ensuring social justice and stabilizing the labor market, which makes the problem of protecting workers’ rights in bankruptcy relevant both in the legal and socio-e

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Johnson, Christopher M. "Reconsidering the Ad Hominem." Philosophy 84, no. 2 (2009): 251–66. http://dx.doi.org/10.1017/s0031819109000217.

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AbstractAd hominem arguments are generally dismissed on the grounds that they are not attempts to engage in rational discourse, but are rather aimed at undermining argument by diverting attention from claims made to assessments of character of persons making claims. The manner of this dismissal however is based upon an unlikely paradigm of rationality: it is based upon the presumption that our intellectual capacities are not as limited as in fact they are, and do not vary as much as they do between rational people. When we understand rationality in terms of intellectual virtues, however, which

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Shpuganych, I. I. "Grounds, procedure and legal consequences of the executive body head’s dismissal in a legal entity." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 72–76. http://dx.doi.org/10.24144/2788-6018.2022.01.13.

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The article is devoted to the analysis of the grounds, procedure and legal consequences of the executive body head’s dismissal in a legal entity. The executive body’s head is authorized to act on behalf of the legal entity, to exercise its rights and perform its duties. In a legal entity the chief’s (director’s, general director’s) presence is mandatory. It has been argued in the study that executive body’s head should be elected by the decision of the authorized body (general meeting or supervisory board). The decision of the same body is the basis for termination of powers of such an officia

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Anastasiyeva, V. "DISMISSAL AS A MEASURE TO ENSURE CRIMINAL PROCEEDINGS." Scientific notes Series Law 1, no. 10 (2021): 104–9. http://dx.doi.org/10.36550/2522-9230-2021-10-104-109.

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The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulatio

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