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Wrongful Termination
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been termination of employment, terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statutory, statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction. A related concept is constructive dismissal in which an employee feels no choice but to resign from employment for reasons that result from the employer's violation of the employee's legal rights. Forms of wrongful dismissal Being terminated for any of the items listed below may constitute wrongful termination: * Discrimination: The employer cannot terminate employment because the employee is a certain race, nationality, religion, sex, age, or (in some jurisdictions) sexual orient ... [...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] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
The Globe And Mail
''The Globe and Mail'' is a Newspapers in Canada, Canadian newspaper printed in five cities in Western Canada, western and central Canada. With a weekly readership of more than 6 million in 2024, it is Canada's most widely read newspaper on weekdays and Saturdays, although it falls slightly behind the ''Toronto Star'' in overall weekly circulation because the ''Star'' publishes a Sunday edition, whereas the ''Globe'' does not. ''The Globe and Mail'' is regarded by some as Canada's "newspaper of record". ''The Globe and Mail''s predecessors, ''The Globe (Toronto newspaper), The Globe'' and ''The Daily Mail and Empire'' were both established in the 19th century. The former was established in 1844, while the latter was established in 1895 through a merger of ''The Toronto Mail'' and ''The Empire (Toronto), The Empire''. In 1936, ''The Globe'' and ''The Mail and Empire'' merged to form ''The Globe and Mail''. The newspaper was acquired by FP Publications in 1965, who later sold the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Release
A legal release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee(s), signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in film production, by documentary filmmakers, or by radio and music producers when they photograph, film, video or record the voice or performance of individuals to be sure that the person consents or will not later object to the material being used for whatever purpose the release (or anyone they may assign the release rights to) wishes, i.e. that the release wishes to use the images, sounds or any other rendering that is a result of the recording made of the releasor (or property owned by the releasor for which the releasor may claim some other right such as industrial design rights, trademark or trade dress rights). This will help in insuring the copyright owner has a clean chain of title for any work if it is later published, bro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Severance Package
A severance package is pay and benefits that employees may be entitled to receive when they leave employment at a company unwilfully. In addition to their remaining regular pay, it may include some of the following: * Any additional payment based on months of service * Payment for unused accrued PTO vacation time, holiday pay or sick leave unless the employee is picked up by the new buyer wherein all benefits become the responsibility of the new employer. * COBRA insurance, or healthcare benefits through a certain period of time. * A payment in lieu of a required notice period. * Retirement accounts * Stock options * Commission payments * Assistance in searching for new work, such as access to employment services or help in producing a résumé. Packages are most typically offered for employees who are laid off or retire. Severance pay was instituted to help protect the newly unemployed. Sometimes, they may be offered for those who either resign, regardless of the circumsta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust 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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wilson V Atomic Energy Of Canada Ltd
Wilson may refer to: People *Wilson (name) ** List of people with given name Wilson ** List of people with surname Wilson * Wilson (footballer, 1927–1998), Brazilian manager and defender * Wilson (footballer, born 1984), full name Wilson Rodrigues de Moura Júnior, Brazilian goalkeeper * Wilson (footballer, born 1985), full name Wilson Rodrigues Fonseca, Brazilian forward * Wilson (footballer, born 1975), full name Wilson Roberto dos Santos, Brazilian centre-back Places Australia * Wilson, South Australia * Wilson, Western Australia * Wilson Inlet, Western Australia * Wilson Reef, Queensland * Wilsons Promontory, Victoria, Australia, and hence: :* Wilsons Promontory Islands Important Bird Area :* Wilsons Promontory Lighthouse :* Wilsons Promontory Marine National Park :* Wilsons Promontory National Park Canada * Wilson Avenue (Toronto), Ontario ** Wilson (TTC) subway station ** Wilson Subway Yard Poland * Wilson Square (''Plac Wilsona''), in Warsaw United K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seneca College V Bhadauria
''Seneca College v Bhadauria'', 9812 SCR 181 is a leading decision of the Supreme Court of Canada on civil rights and tort law. The Court ruled that there can be no common law tort of discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex .... Background Bhadauria, an East Indian woman, was qualified to teach in Ontario and had seven years experience. She had applied ten times to Seneca College but was never granted an interview. Bhadauria claimed that she was not interviewed because of her ethnicity. She argued that the college had violated the common law tort of discrimination. The Court of Appeal for Ontario accepted the existence of such a tort. Since Bhadauria could show that such a right existed and that it had been violated by the practices of the college she would b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liable
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Liability in business In commercial law, limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subject to that liability. If, for example, a limited liab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadley V Baxendale
''Hadley & Anor v Baxendale'' ''& Ors'' 854EWHC J70is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen. However, if the other party has special knowledge that the party-in-breach does not, the breaching party is only liable for the losses that he could have foreseen on the information available to them. Facts The claimants, Mr Hadley and another, were millers and mealmen and worked together in a partnership. A crankshaft of a steam engine at the mill had broken and Hadley arranged to have a new one made by W. Joyce & Co. in Greenwich. Before the new crankshaft could be made, W. Joyce & Co. required that the broken crankshaft be sent to them in order to ensure that the new crankshaft would fit together properly with the other parts of the steam engine. Hadley contracted with defendants Baxendale and others to de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Honda Canada Inc V Keays
is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that it reformed the manner in which damages are to be awarded in cases of wrongful dismissal and it declared that such awards were not affected by the type of position an employee may have had. Background Widespread use of the "''Wallace'' bump" In '' Wallace v United Grain Growers Ltd'', the Supreme Court held that bad faith on the part of an employer in how it handled the termination of an employee was another factor that is properly compensated for by an addition to the period of reasonable notice. Such an increase came to be known as the "''Wallace'' bump," and claims that included it became so frequent that the courts began to criticize the practice. In ''Yanez v. Canac Kitchens'', Echlin J declared: The case at hand Keays was hired in 1986 by Honda of Canada Manufacturing in Alliston, Ontario, to work first on the assembly line and later in data entry. In 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
