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Employment law case study examples

However, the company has no choice but to lay her off. The lay off decision should be based on her absenteeism from wok. By citing her persistent absenteeism, the company shall have managed to escape any form of court battles for unfair dismissal. The company however can recognize her long services by awarding her a sendoff package that would help her financially before she gets another employment, hence reducing the financial burden that this decision may cause her.

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As England was the first country to industrialise, it was also the first to face the often appalling consequences of industrial revolution in a less regulated economic framework. Over the course of the late 18th and early to mid-19th century the foundation for modern labour law was slowly laid, as some of the more egregious aspects of working conditions were steadily ameliorated through legislation. This was largely achieved through the concerted pressure from social reformers , notably Anthony Ashley-Cooper, 7th Earl of Shaftesbury , and others.

From the disputed facts presented in this case I would be very inclined to rule in favor of liberty apparel company just as the lower District Court did in the initial judgment of this case. I think that the four factors methodology that is utilized in making the decision as to whether or not a relationship of employment exists between individuals and/or organizations, is one of the best methods by which to make the determination as to whether or not an employer/employee ...

The majority owner of a successful company was sued by a former minority shareholder she had previously bought out.  The plaintiff alleged that his rights as a minority shareholder were violated before he sold his stock.  In a case of first impression, the plaintiff claimed that he had been illegally terminated from his employment and was entitled to lost salary.  He also claimed emotional distress damages for having been forced off the board of directors, and he argued that his stock sale did not preclude either claim.  

This degree will provide you with a thorough understanding of the legal basis of individual and collective employment relations. It is especially suited to you if you want to develop your professional interest in UK employment law and its development.

As Irish Employment Case Law continues to develop over the past number of years, particularly as seen through the claims in the different Employment dispute resolution forums. 2016 promises to be a significant year for Employment Legislation. Organisations must ensure compliance with legislation, regulations and European Union directives, whilst also ensuring they are aware as to what is happening in the different dispute resolution forums and being knowledgeable about upcoming legislation.

In Victoria, what does or does not constitute unfair dismissal is determined on a case-by-case basis by the Fair Work Commission. Generally, if an employee is dismissed and the commission finds that the dismissal was unjust, harsh, or unreasonable, the dismissed employee may be awarded an unfair dismissal remedy by the Commission. Other possible grounds for the award of a remedy include: if the dismissal was not the result of genuine redundancy or lawful termination, or in the case of a small business, the dismissal was made in contravention of the Small Business Fair Dismissal Code. Small businesses are businesses that employ fewer than 15 people.

Information on how employers can avoid problems when dismissing people, covering the termination of contract, unfair dismissal, wrongful dismissal and constructive dismissal

Remember to answer the questions using the facts of the case and the concepts introduced in the textbook and the course material.  You must also clearly explain your reasoning.

3. 1392644 Ontario Inc. (Connor Homes) v. Canada (National Revenue), 2013 FCA 85 (Read our e-Lert here and the decision here )

In the ongoing quest to define who is an employee, the Federal Court of Appeal took a crack at reconciling the competing tests for who is an employee vs. independent contractor. This was a tax law related decision so we wait to see if other adjudicators will follow this test, which places a new focus on the intent of the parties in forming the relationship; a factor not generally considered by the Court in employment law cases.

 

Ultimately, the sub-contractor was angry about the loss of his pension and attempted to blame our client and the union via his lawsuit.  DBL demonstrated to the state courts at each level that the sub-contractor’s claims were baseless.  The firm successfully defended against the sub-contractor’s many claims and provided a favorable result to our client.   
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employment law case study examples
employment law case study examples

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