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Constructive Dismissal
In employment law, constructive dismissal occurs when an employee resigns due to the employer creating a hostile work environment. This often serves as a tactic for employers to avoid payment of statutory severance pay and benefits. In essence, although the employee resigns, the resignation is not truly voluntary but rather a response to intolerable working conditions imposed by the employer. These conditions can include unreasonable work demands, harassment, or significant changes to the employment terms without the employee’s consent. The legal implications of constructive dismissal vary across jurisdictions, but generally, it results in the termination of the employee's obligations and grants them the right to pursue claims against the employer. Claims can arise from a single serious incident or a pattern of behaviour, and employees typically need to resign shortly after the intolerable conditions are imposed. Guillermo Cabanellas explains that disguised dismissal occurs w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). History Following the unification of the List of cities of the ancient Near East, city-states in Assyria and Sumer by Sargon of Akkad into a Akkadian Empire, single empire ruled from his Akkad (city), home city circa 2334 BC, Ancient Mesopotamian units of measurement, common Mesopotamian standards for length, ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title VII Of The Civil Rights Act Of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history". Initially, powers given to enforce the act were weak, but these were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its enumerated power to regulate interstate commerce under the Commerce Clause of Article I, Section 8, its duty to guarantee all citizens equal protection of the laws under the 14th Amendment, and its duty to protect voting rights under the 15th Amendment. The legislation was proposed by President John F. Kennedy in June 1963, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Spanish Academy
The Royal Spanish Academy (, ; ) is Spain's official royal institution with a mission to ensure the stability of the Spanish language. It is based in Madrid, Spain, and is affiliated with national language academies in 22 other Hispanophone nations through the Association of Spanish Language Academies, Association of Academies of the Spanish Language. The RAE dedicates itself to language planning by applying linguistic prescription aimed at promoting linguistic unity within and between various territories, to ensure a common standard. The proposed language guidelines are shown in a number of works. History In 1711, Spain, unlike France, Italy and Portugal, did not have a large dictionary with a comprehensive and collegially elaborated lexicographical repertoire. The initial nucleus of the future Academy was formed that same year by the eight novatores who met in the library of the palace of , Duke of Escalona and Marquisate of Villena, Marquess of Villena, located in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy. In the legal system of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transfer Of Undertakings (Protection Of Employment)
The Transfer of Undertakings (Protection of Employment) Regulations 2006 known colloquially as TUPE and pronounced , are the United Kingdom's implementation of the European Union Transfer of Undertakings Directive. It is an important part of UK labour law, protecting employees whose business is being transferred to another business. The 2006 regulations replace the old 1981 regulations (SI 1981/1794) which implemented the original Directive. The law has been amended in 2014 and 2018, and various provisions within the 2006 Regulations have altered. Purpose The regulations' main aims are to ensure that, in connection with the transfer, employment is protected (i.e. substantially continued). * employees are not dismissed * employees' most important terms and conditions of contracts are not worsened * affected employees are informed and consulted through representatives prior to the transfer These obligations of protection are placed on the transferring companies both before, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wadham Stringer
Wadham Stringer was an English ambulance and bus manufacturer. History Wadham Stringer was formed when Wadham merged with Stringer Motors in 1968. It was a distributor for Morris cars and British Leyland commercial vehicles. It also was an Austin, Jaguar, MG and Wolseley franchisee. In 1972 it acquired Portsmouth Portsmouth ( ) is a port city status in the United Kingdom, city and unitary authority in Hampshire, England. Most of Portsmouth is located on Portsea Island, off the south coast of England in the Solent, making Portsmouth the only city in En ... based bodybuilder Sparshatt Group. In 1979, the business was sold to Tozer Kemsley & Millbourn. In 1993, it was purchased by Universal Vehicle Group. ''Commercial Motor'' 26 June 1993 After being placed in administration, the factory was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfair dismissal was first established in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, Employment Tribunal, employment tribunals are bodies set up to hear specific employment disputes. In many but not all cases, ''tribunal'' implies a judicial or Quasi-judicial body, quasi-judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often-styled tribunals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Department Of Trade And Industry (United Kingdom)
The Department of Trade and Industry (DTI) was a United Kingdom government department formed on 19 October 1970. It was replaced with the creation of the Department for Business, Enterprise and Regulatory Reform and the Department for Innovation, Universities and Skills on 28 June 2007. History The department was formed on 19 October 1970 through the merger of the Board of Trade and the Ministry of Technology, creating a new cabinet post of Secretary of State for Trade and Industry. Additionally, the department also took over the Department of Employment's former responsibilities for monopolies and mergers. However, in January 1974, the department's responsibilities for energy production were transferred to a newly created Department of Energy. On 5 March that year, following a Labour Party victory in the February 1974 general election, the department was split into the Department of Trade, the Department of Industry and the Department of Prices and Consumer Protection. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malik And Mahmud V Bank Of Credit And Commerce International SA
''Malik and Mahmud v Bank of Credit and Commerce International SA'' 997UKHL 23is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all Contract of employment, contracts of employment. Facts Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet in ... due to massive fraud, connection with terrorists, money-laundering, extortion and a raft of other criminal activity on a global scale. Malik and Mahmud had both lost their jobs and they sought employment elsewhere. They could not find jobs. They sued the company for their loss of job prospects, alleging that their failure to secure new jobs was due to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts rely on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for services (contract for the supply of services). The differing terminology implies a dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament (United Kingdom), Act of Parliament passed by the Conservative Party (UK), Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975, and thWages Act 1986 It deals with rights that most employees can get when they work, including Unfair dismissal in the United Kingdom, unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
