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Wrongful Dismissal
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a 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 orientation. * Retaliation: An employer can ... [...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 relies 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 the supply of services, the expression altered to imply the 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 wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Chalmers McRuer
James Chalmers McRuer (August 23, 1890 – October 6, 1985) was a Canadian lawyer, judge, commissioner and author in Ontario. Biography Born in Ayr, Oxford County, Ontario, he received his law education from the Osgoode Hall Law School and was called to the Bar of Ontario in 1913. During World War I, he served in the Canadian Field Artillery as a lieutenant. After the war, from 1921 to 1925 he was an Assistant Crown Attorney for Toronto and County of York. From 1930 to 1935, he was a lecturer at Osgoode Hall Law School. He ran unsuccessfully as the Liberal candidate in High Park in the 1935 federal election losing to Alexander James Anderson. McRuer was active in the Canadian Bar Association, and served first as President of the Ontario Bar Association from 1943 to 1944, and then as national President of the Canadian Bar Association from 1946 to 1947. In 1944, he was appointed to the Court of Appeal for Ontario and in 1945 was appointed Chief Justice of the High Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Dismissal
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal. The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer. The employee may resign over a single serious incident or over a pattern of incidents. Generally, a party seeking relief must have resigned soon after an unreasonable situation was imposed. United States law In the United States, constructive discharge is a general term describing the involuntary resignation of an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Globe And Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, 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'' and ''The 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 ''Toronto 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 paper to the Thomson Corporation in 1980. In 2001, the paper merged with broadcast ... [...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 unwillfully. 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. * A payment in lieu of a required notice period. * Retirement accounts * Stock options * 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 circumstances, or are fired. Policies for severance packages are often found in a company's employee handbook ... [...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 (See: '' unfair dismissal in 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 unfa ... [...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 Kingdom * ... [...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. 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 Seneca College of Applied Arts and Technology is a multiple-campus public college in the Greater Toronto Area, and Peterborough, Ontario, Canada regions. It offers full-time and part-time programs at the baccalaureate, diploma, certificate an ... 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 be e ... [...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. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of ne ... [...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 him. 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 Ors to deliver t ... [...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 1997 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
