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Journal articles on the topic 'Unfair dismissal'

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Published: 4 June 2021
Last updated: 31 January 2023

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1

Buxton, Sarah. "Unfair dismissal?" Dental Nursing 17, no. 7 (July 2, 2021): 322–23. http://dx.doi.org/10.12968/denn.2021.17.7.322.

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2

Carby‐Hall, Jo. "Unfair Dismissal." Managerial Law 30, no. 4 (April 1988): 1–18. http://dx.doi.org/10.1108/eb022434.

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3

Carby‐Hall, Jo. "UNFAIR DISMISSAL." Managerial Law 30, no. 5 (May 1988): i—24. http://dx.doi.org/10.1108/eb022435.

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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

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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12

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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13

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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14

Ackerley, Nicky. "Constructive dismissal and unfair dismissal." Veterinary Nursing Journal 35, no. 1 (January 2, 2020): 7. http://dx.doi.org/10.1080/17415349.2019.1691309.

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15

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

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16

Sanders, Astrid. "The law of unfair dismissal and behaviour outside work." Legal Studies 34, no. 2 (June 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 there should henceforth be a presumption that dismissals for behaviour outside work will be unfair unless the employer has a strong reason for thinking that the extramural behaviour of the employee will damage the business of the employer. The purpose of this paper is to suggest legal reasons for change to this area of unfair dismissal law as an addition to previously discussed normative reasons for change. In particular, the paper will develop the analogy between unfair dismissal cases on behaviour outside work and breach of personal confidence cases since the Human Rights Act 1998.
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17

Beebeejaun, Ambareen. "Unfair dismissal in the Mauritius context: a comparative study." International Journal of Law and Management 60, no. 6 (November 12, 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 is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.
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18

Wilcox, Murray. "Unfair Dismissal Cases." Economic and Labour Relations Review 18, no. 2 (May 2008): 79–84. http://dx.doi.org/10.1177/103530460801800210.

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19

Higgins, Mark. "Employment – Unfair Dismissal Overseas." Business Law Review 27, Issue 11 (November 1, 2006): 258–60. http://dx.doi.org/10.54648/bula2006057.

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20

Carby‐Hall, Jo. "DISMISSAL — FAIR OR UNFAIR?" Managerial Law 30, no. 6 (June 1988): 2–47. http://dx.doi.org/10.1108/eb022436.

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21

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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22

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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23

Watt, R. A. "HIV, Discrimination, Unfair Dismissal and Pressure to Dismiss." Industrial Law Journal 21, no. 4 (December 1, 1992): 280–92. http://dx.doi.org/10.1093/indlaw/21.4.280.

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24

Richardson, Barbara. "Constructive dismissal: pursuing a claim for unfair dismissal." Nursing and Residential Care 3, no. 12 (December 2001): 590–92. http://dx.doi.org/10.12968/nrec.2001.3.12.9258.

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25

Sims, V. K. "NO COMMON LAW ACTION FOR UNFAIR DISMISSAL." Cambridge Law Journal 60, no. 3 (November 21, 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 been unable to find employment. He claimed that the manner of his dismissal amounted to a breach of the implied duty of mutual trust and confidence; this argument was rejected by the judge at first instance, the Court of Appeal ([1999] I.C.R. 809) and, on different grounds, the House of Lords.
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26

Barrett, Rowena. "Small Business and Unfair Dismissal." Journal of Industrial Relations 45, no. 1 (March 2003): 87–93. http://dx.doi.org/10.1111/1472-9296.00074.

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27

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

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28

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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29

MRF. "NOTES. Claim for Unfair Dismissal." Industrial Law Journal 30, no. 3 (September 1, 2001): 305–11. http://dx.doi.org/10.1093/ilj/30.3.305.

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30

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

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31

Jefferson, Michael, Katy Ferris, and James Marson. "Timis v. Osipov: Personal Liability? Decision Makers and Advances in Whistleblowing." Business Law Review 41, Issue 1 (February 1, 2020): 34–35. http://dx.doi.org/10.54648/bula2020005.

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Much has been written recently about employment status including bogus self-employment, atypical workers, zero hours contracts and about vicarious liability in the law of torts and employment law. The case under discussion does not deal with these issues but with related interesting issues involving categorization of working people into employees and workers so as to determine the remedy for whistleblowing under statute and with whether liability in that area of law can be both direct and vicarious. To understand the case one needs to appreciate that the law of unfair dismissal as set out in the Employment Rights Act 1996 applies only to ‘employees’ and therefore both those classified as ‘workers’ and as independent contractors do not; however, workers, though not independent contractors dismissed solely or principally for one of the reasons which would be potentially unfair (prima facie invalid) may have a different remedy when the claim is one of whistleblowing. In relation to vicarious liability under the relevant statute, the Employment Rights Act 1996, there was on the facts of the case to be discussed no doubt that the employers were vicariously liable, but could they also be directly liable? The authority below demonstrates that because of the scheme of the Act both that a worker dismissed for whistleblowing has a remedy not for unfair dismissal because he is not an employee but for ‘detriment’, the detriment being put through a disciplinary process. This preserves the law since 1 January 1972 that remedies for unfair dismissal are granted only to those classed as employees. In respect of vicarious liability, as this commentary shows, both direct and vicarious liability are available against employers in a whistleblowing case. The consequences of these decisions are noted at the end. Personal liability, whistleblowing, unfair dismissal, compensation, termination.
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32

Lim, Sang-Min. "Union Shop Agreement and Unfair Dismissal, Unfair Labor Practice." Labor Law Forum 31 (November 30, 2020): 105–42. http://dx.doi.org/10.46329/llf.2020.11.31.105.

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33

Stewart, Andrew. "The New Unfair Dismissal Jurisdiction in South Australia." Journal of Industrial Relations 28, no. 3 (September 1986): 367–409. http://dx.doi.org/10.1177/002218568602800304.

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The transition in the South Australian jurisdiction over unfair dismissals has generated issues that challenge the future and directions of employment protection in Australia. The new provision, with its key remedial power of compensation in liett of reinstatement or re-employment, has in its practical operation approached far closer to the British model of statutory employment rights than any of its counterparts in the other states, and has further proved sufficiently flexible to generate entitlements to redundancy payments in a novel way. Many of the legal points raised in the decided cases to date reflect important aspects of definition, interaction with otherjurisdictions and employ ment policy generally; these include the definition of dismissal, the effect of alternative remedies on an unfair dismissal claim, the taxation of compensation awards and the significance of this type of legislation as a source of procedural (if not always substantive) fairness.
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34

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 endorsing the fact that unauthorised foreign nationals are regarded as employees. While the Labour Court has confirmed that unauthorised foreign nationals are subject to labour law protection, notably the right not to be unfairly dismissed, it is irrefutable that employers are permitted to dismiss such employees. However, these dismissals must be fair. Unfortunately, there is no clarity on what constitutes a fair dismissal in such circumstances. Although the CCMA relying on the decision of Discovery Health is substantially unanimous in finding that unauthorised foreign nationals have the right to utilise the unfair dismissal machinery sanctioned in the Labour Relations Act 66 of 1995, its decisions are plagued with inconsistency when it comes to determining fairness. Furthermore, no specific guidance has been forthcoming from the Labour Court. Considering the fact that migration to South Africa is rife, resulting in many foreign nationals being employed, this is an important aspect of the law. Therefore, this article explores the substantive and procedural fairness requirements of such dismissals. Having clarity of the legal requirements that apply will aid the fair treatment of foreign nationals who face dismissals due to the absence of valid work permits. This is significant, as South African labour law places a high premium on the fair dismissal of all employees. Apart from being legislated in the LRA, this right is also a constitutional imperative.
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35

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. The decision of the court was consequently rendered incorrect, resulting in the amendment to s 187(1)(c), which now reads that a dismissal is automatically unfair if the reason for the dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer. However, it is doubtful whether the amended provision provides a solution to the contradiction that exists. Resultantly, this article seeks to critique the amendment and to make recommendations regarding the regulation of this part of labour law.
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36

redmond, mary. "accountability and dismissal in ireland's civil service." Legal Information Management 5, no. 3 (September 2005): 188–93. http://dx.doi.org/10.1017/s1472669605000812.

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as part of a drive to deliver better government, ireland's unfair dismissals acts 1977–2001 are about to be extended to civil servants. the civil service (regulation) bill 2004 when enacted will apply the statutory code of unfair dismissal to thousands of officers whose remedies previously lay exclusively in public law. while preserving the principle that civil servants hold office at the will and pleasure of the government, the bill provides for the delegation of power in this respect from the government to ministers and to secretaries general. mary redmond, consultant solicitor at arthur cox considers the practical and, above all the legal implications of this stepchange.
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37

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

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38

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

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39

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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40

Davidov, G., and E. Eshet. "Intermediate Approaches to Unfair Dismissal Protection." Industrial Law Journal 44, no. 2 (May 6, 2015): 167–93. http://dx.doi.org/10.1093/indlaw/dwv007.

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41

Exten-Wright, Jonathan. "Unfair dismissal: The new legal landscape." British Journal of Healthcare Management 5, no. 7 (July 1999): 271–72. http://dx.doi.org/10.12968/bjhc.1999.5.7.19435.

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42

Howe, Joanna, Laurie Berg, and Bassina Farbenblum. "Unfair Dismissal Law and Temporary Migrant Labour in Australia." Federal Law Review 46, no. 1 (March 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 able to access this legal avenue to protect them from arbitrary dismissal. We argue there are serious deficiencies in the application, coverage and content of federal unfair dismissal law in relation to temporary migrant workers in Australia.
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43

Fazilah, Siti, Ashgar Ali Ali Mohamad, and Zuraini Abdul Hamid. "MONETARY COMPENSATION AS A REMEDY FOR UNFAIR DISMISSAL: A STUDY IN UNITED KINGDOM AND MALAYSIA." IIUM Law Journal 27, no. 2 (December 18, 2019): 447–68. http://dx.doi.org/10.31436/iiumlj.v27i2.453.

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Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment, the legislature in many jurisdictions has introduced reinstatement as the remedy for unfair dismissal. Unfortunately, reinstatement is not awarded in most cases due to the long delay from the date of dismissal to the date of an award which may take a few years, where in the meantime the claimant may have comfortably settled in his new employment and in most cases would not desire reinstatement. Realising the above, the legislature has allowed the alternative remedy of monetary compensation for unfair dismissal. In fact, today, monetary compensation has become the remedy in both Malaysia and the United Kingdom. The Employment Rights Act 1996 of the United Kingdom recognises several remedies for unfair dismissal such as reinstatement, re-engagement, and monetary compensation. On the other hand, the Malaysian Industrial Relations Act 1967 merely provides reinstatement as the remedy for unfair dismissal; however, monetary compensation has been allowed vide the Industrial Court Practice Direction No. 1 of 1987, to be awarded at the discretion of the Industrial Court Chairman. In light of the above, this article discusses the awarding of monetary compensation in the United Kingdom and Malaysia with reference to legislation and decided cases in the above jurisdictions.
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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

Mordsley, Barry I., Linda Dickens, Michael Jones, Brian Weekes, and Moira Hart. "Dismissed: A Study of Unfair Dismissal and the Industrial Tribunal System." Industrial and Labor Relations Review 40, no. 4 (July 1987): 614. http://dx.doi.org/10.2307/2524064.

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46

Scott, Graham. "NALGO to represent nurse claiming unfair dismissal." Nursing Standard 7, no. 37 (June 2, 1993): 6. http://dx.doi.org/10.7748/ns.7.37.6.s5.

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47

Brodtkorb, Tor. "Employee misconduct and UK unfair dismissal law." International Journal of Law and Management 52, no. 6 (November 16, 2010): 429–50. http://dx.doi.org/10.1108/17542431011093135.

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48

Carby‐Hall, J. R. "Industrial Tribunal Procedure in Unfair Dismissal Claims." Managerial Law 28, no. 2 (February 1986): i—76. http://dx.doi.org/10.1108/eb022423.

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49

Earnshaw, J. "Assessing an Arbitral Route for Unfair Dismissal." Industrial Law Journal 30, no. 3 (September 1, 2001): 289–304. http://dx.doi.org/10.1093/ilj/30.3.289.

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50

Son, Seok-Jin, and Tae-Hyun Kim. "A Study on Unfair Dismissal Remedy System." Journal of Legal Studies 30, no. 4 (October 30, 2022): 103–31. http://dx.doi.org/10.35223/gnulaw.30.4.6.

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