Relevant bibliographies by topics / Unfair dismissal

Academic literature on the topic 'Unfair dismissal'

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Published: 4 June 2021
Last updated: 31 January 2023

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Journal articles on the topic "Unfair dismissal"

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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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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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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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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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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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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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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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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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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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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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Dissertations / Theses on the topic "Unfair dismissal"

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Cokile, Siyabonga. "The remedies for unfair dismissal." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1033.

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In terms of section 193 of the Labour Relations Act 66 of 1995, there are basically three remedies for unfair dismissal and unfair labour practice, namely reinstatement, re-employment and compensation. In disputes of unfair labour practice an arbitrator may determine a dispute on terms that the arbitrator deems reasonable, including the abovementioned three remedies. For example, in an unfair labour practice dispute relating to promotion or appointment, an arbitrator may order that the process of appointment be started afresh, if is found that the process was flawed. The right to fair labour practice is a right that is enjoyed by everyone and it is a right upon which every employee enjoys not to be unfairly dismissed is entrenched in section 23 of the Bill of Rights. The rights of every employee contained in the Labour Relations Act give content and effect to the right to fair labour practice contained in section 23 of the Bill of Rights. Every trade union, employer’s organisation and employer has a right to engage in collective bargaining, which includes but not limited to the formulation of disciplinary policies in the workplace, which should be observed by every employee. Our constitution mandates the Legislature to enact legislation that regulates collective bargaining. One of the purpose of our Labour Relations Act is to promote collective bargaining and the effective resolution of labour disputes. The remedies for unfair dismissal and unfair labour practice therefore give content and effect to the purpose of the Act, which is to promote effective resolution of labour disputes. The Legislature has given a legislative and policy framework, in terms of which the labour disputes may be resolved. In order to restrict the powers of the arbitrators and courts, section 193 of the Act provides that in ordering the reinstatement and re-employment of dismissed employee, they must exercise a discretion to order reinstatement re-employment, not earlier than the date of dismissal. The remedy of compensation is an alternative remedy, which must be ordered if the circumstances set out in section 193(2)(a) to (d) are applicable. Some arbitrators have made a mistake of treating this remedy as part of the primary remedies. However, our courts have clarified the intention of the Legislature in crafting the remedies for unfair dismissal.
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Thompson, David Martin Ogilvie. "Unfair discrimination and dismissal based on age." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1287.

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Section 187(2)(b) of the Labour Relations Act sets out certain justifications for what may seem to be unfair discrimination in the workplace. The purpose of this note is to discuss the provisions of Age Discrimination, with specific focus on the rights of older employees, who have reached, what some might term, the ‘normal or agreed retirement age’. In the discuss which follows reference will be made to the Constitution of the Republic of South Africa1 in order to investigate the provisions of our new democratic era, and what is said therein about discrimination, and age discrimination in particular. In our new Constitutional dispensation there have also been circumstances where certain kinds of discrimination have become accepted on society, for example Affirmative Action, and an enquiry into the difference between discrimination and differentiation will therefore also be necessary. The provisions of the Employment Equity Act,2 which deal specifically with eliminating unfair discrimination in the workplace, and the Labour Relations Act,3 which deals primarily with the rights of employees, employers and trade unions, and seeks to harmonize employer-employee relations will be discussed wherein specific reference will be made to section 187(2)(b) of the LRA. A further discussion will outline the circumstances of what is meant by dismissal in the context of age based dismissals, and whether such a dismissal is infact a dismissal and whether, within the requirements of the LRA such a dismissal, or termination of employment contract, is infact fair. Furthermore, a comparative perspective of other jurisdictions will give a more complete understanding of the issue of age-based dismissals within the current context. However, to refer to legislation and foreign decisions alone, while being of important reference, is not enough and a enquiry into our own case law will be of significant importance to determine a path of direction one can expect when faced with a question of dismissals based on mandatory retirement ages, and in particular, a dismissal which has been so executed with recourse to section 187(2)(b) of the LRA. In the various cases the reasoning and rationale behind the decision making will shed light on a seemingly unresolved area of labour law, and in reading further not only in the judgments but also in various articles, one will see that there are many arguments for and against the use of a mandatory retirement age, the most important of which will be highlighted.
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Dayimani, Vuyisile. "The determination of compensation in unfair dismissal cases." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020775.

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The LRA 66 of 1995 was established to give effect to section 23(1) of the Constitution of the Republic of South Africa, which guarantees that everyone has a right to fair labour practices. Amongst others, the purpose of the LRA is to advance economic development, labour peace and the effective resolution of labour disputes. At common law termination of employment was occasioned by the conduct of the employer or employee, in terms of which either party may terminate an employment contract by giving agreed notice or reasonable notice. The LRA broadened the common law concept of “repudiation” of a contract of employment in terms of which section 186 of the LRA now defines the term “dismissal” to mean various possible instances that can be caused by the employer or employee. Furthermore, section 185 of the same Act clearly states that a dismissal can be found to be unfair and makes provision for redress to an employee who would be aggrieved by a dismissal. Compensation is one of the remedies that can be awarded to an employee who is found to have been unfairly dismissed. Unlike the LRA of 1956 which gave the courts an unfettered discretion regarding the compensation that could be awarded, section 194 of the current LRA places a limit on the compensation amount that can be awarded. A decision hereon is determined with reference to whether the dismissal is found to have been procedurally, substantively unfair or both. The Act further requires that the compensation must be just and equitable. A challenge in applying section 194 of the Act in this regard is that there would be vast inconsistencies in terms of the amount of compensation to be awarded and that certain presiding officers could consider different approaches in considering factors to be determined when deciding on compensation. In many other instances compensation for unfair dismissal would be decided around the idea of solely punishing the employer. This research document is mainly concerned with identifying the said challenges through case law by considering the decisions of the commissioners and judges in interpreting the old and current provisions of section 194 of the Act. The old section 194 of the Act created a formula to be followed by presiding officers when making a determination on the compensation awarded. The interpretation of the section and its formula brought with it its own complications. The amended section 194 on the other hand, conferred a discretion on presiding officers to award compensation within the caps of 12 months and 24 months for procedurally and substantively unfair dismissal respectively, for as long as the compensation would be just and equitable in all circumstances. Relevant case law and the opinions of labour law experts have been of great assistance in interpreting the current section 194. The factors do not constitute an exhaustive list. They are a mere guideline to presiding officers so as to eliminate or minimize inconsistencies in awarding compensation.
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Southey, Kim. "An analysis of unfair dismissal grievance arbitration in Australia." University of Southern Queensland, Faculty of Business, 2008. http://eprints.usq.edu.au/archive/00004435/.

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[Abstract]: This study identifies statistically significant associations between unfair dismissal arbitration decisions and inherent characteristics pertaining to the unfair dismissal claims. The inherent characteristics examined are the industry sector in which the employee worked, the occupational skill level of the employee’s position, size of the business, presence of human resource expertise within the business, the reason for dismissal, and the genders of both the employee and arbitrator. This research contributes to the body of knowledge on grievance activity within the workplace. It focuses specifically on arbitrated grievances and as such, AIRC unfair dismissal decisions are investigated as an exemplar of arbitrated grievance activity. This study is within an Australian context which may limit its world-wide generalisability but its strength is that it addresses across industry and across occupational data.Empirical analysis is undertaken using data collected from unfair dismissal arbitration decisions made by the AIRC during 2004 and 2005. Three hundred and eighty-four (384) cases are analysed, with 34.4% of the arbitration findings occurring in the grievant’s favour and 65.6% in the employer’s favour. It is noted that this figure is inflated in the employer’s favour because it includes cases lodged and later rejected by the commission for jurisdictional reasons. The split counting the 274 within jurisdiction cases is 51.8% in the employer’s favour and 48.2% in the grievant’s favour. The results of chi-square tests indicate that six characteristics have statistically significant association with the arbitration outcome. These characteristics are: occupational skill level of the grievant; the size of the business; the presence of HR expertise; the reason dismissed; the grievant’s gender; and the arbitrator’s gender. No association was found between the industry sector and arbitration decision, although there is a significant association between industry sector and jurisdictionally rejected claims.The collective finding of the hypotheses tests suggests that the type of aggrieved employee associated with a favourable arbitration outcome is one from an organisation of between 50 and 100 employees without an HR expert, working in a lower skilled occupation, having been made redundant, is female and appears before a male arbitrator. Whereas, the type of employer associated with a favourable arbitration outcome is one who has either up to 50 staff, or over 200 staff with an HR expert, who dismissed a male employee working in a higher skilled occupation for serious misconduct with the case before a female arbitrator.A major policy implication of this research relates to the Rudd government’s proposed legislative reforms of the unfair dismissal provisions. This study identifies disadvantaged groups of workers when it comes to dismissal practices of employers, namely employees from businesses of 50 to 100 workers and lower skilled workers. Identified also was the need for training for businesses to enable them to engage in procedurally fair redundancy processes and for gender bias awareness for arbitrators. In terms of further research, this study provides the foundation for predictive statistical analysis. The variables suitable for further analysis are occupational skill level, business size, reason for dismissal and gender in relation to their influence on the arbitration outcome. Additional descriptive research could also be conducted in terms of conducting international comparatives with a view to identifying the outputs that different legislation/arbitration frameworks produce for workers and employers.
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Howe, Joanna. "The evolution and development of unfair dismissal law in Britain and Australia." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:bf2e363e-5c91-45a1-ae4d-f073633f35c6.

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This work explores the evolutionary dynamic exhibited by the trajectory of unfair dismissal law in Britain and Australia. A different comparative evolutionary dynamic is observed in the phase leading up to the enactment of a statutory unfair dismissal scheme and in the period subsequent to enactment. It is argued that the shared common law origin of the legal systems of Britain and Australia masks significant divergence in their respective labour law traditions. Whilst collective laissez-faire in Britain, and conciliation and arbitration in Australia both sought to secure industrial peace, these divergent traditions operated in a manner particular to their jurisdiction in constraining the evolution of a statutory unfair dismissal law. It was only when these traditions underwent severe economic, social and political challenges that they faced a crisis of legitimacy and new ideas for labour law were canvassed. Although occurring over twenty years apart, the breakdown of Britain’s and Australia’s labour law traditions saw the juridification of domestic labour law, with a central reform being the inception of a statutory right protecting against unfair dismissal. Despite emerging from divergent legal traditions and according to different timeframes, the trajectory of unfair dismissal law subsequent to its enactment was to converge upon a common theme of peeling back the statutory superstructure in favour of localised and alternative dispute resolution. Although these developments are diachronistic across the two jurisdictions, this evolutionary dynamic of divergence giving way to convergence is revealing of a high degree of path dependency as between the unfair dismissal laws of Britain and Australia.
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De, Caires Anthony Ralph. "Examining the interplay between dismissals for operational requirements and automatically unfair dismissals in terms of section 187(1)(c) of the LRA." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5293.

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Blignaut, Colleen. "Effectiveness of conciliation as an alternative dispute resolution process in unfair dismissal disputes." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65692.

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In its preamble, the LRA provides that one of its aims is to change the law governing labour relations by, amongst other means, promoting simple procedures for the resolution of labour disputes. The Commission for Conciliation, Mediation and Arbitration (hereafter referred to as the CCMA) was created during 1996.1 It was expected that the CCMA would have to deal with an average of 30 000 referrals nationally per year. However, it quickly became apparent that this was a gross underestimation. During the 1997/1998 reporting period, the CCMA reported that it had received 67 319 referrals. The number of referrals has continued to increase yearly, with 154 279 referrals having been received during the 2010/2011 reporting period. This trend has continued, with the CCMA for the reporting period of 2015/2016 reporting 179 528 referrals.2 The process of the referral of a dispute to the CCMA or any other dispute resolution council was engineered to be uncomplicated and cost efficient for the CCMA to be accessible to everyone, and to give effect to Section 23 of the Constitution.3 The CCMA strives for any person who has a labour dispute to be able to refer the matter to the CCMA, without requiring costly legal representation. However noble the intention for free and easy access to the CCMA may be, the limited consequences associated with dishonesty or abuse in the forum has resulted in cases of misuse by employees and reluctance by the employer to participate in pre-arbitration processes.4 In order to give effect to the constitutional ideologies through the concialtion and making the referral process of dismissal law available to dismissed employees free of charge5, the CCMA has provided a forum for employees to ventilate disputes with their employers on an equal footing. To reach a mutually acceptable agreement between the parties. However honourable the intentions of the CCMA may be in providing and facilitating the process of conciliation in disputes of alleged unfair dismissal, it is not immune to being abused by parties who may not have the best of intentions when referring a dispute to the CCMA in the first place. This study aims to identify the possible short comings of the concialtion process at the CCMA by comparing it to a similar process used in the United Kingdom provide proposed recommendations for conciliation in disputes based on allegations of unfair dismissal, remain effective in South Africa.
Mini Dissertation (LLM)--University of Pretoria, 2018.
Mercantile Law
LLM
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Head, Jeremy Alexander. "The impact of individual employment legislation on the employment relationship in the hospitality industry." Thesis, Manchester Metropolitan University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.311073.

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This thesis examines the impact of individual employment protection legislation on the employment relationship in the hotel and catering industry (HeI), exactly the type of industry whose workers the employment law was intended to protect. It begins \\-ith a review of the potential effects of employment legislation on the employment relationship. It then analyses and evaluates the practical effects of individual employment legislation in hotels and catering from relevant case law. and the workings of the Industrial Tribunal system, identifying that unfair dismissal is the most important aspect. In order to ask to what extent dismissal law constrains the managerial prerogative, in the light of recent socio-economic and legal changes, employer experience of, and attitudes to existing employment rights and the Industrial Tribunal system are assessed. This is achieved by means of a postal questionnaire to employers in the industry. This is then augmented by follow-up semi-structured interviews with the employers. The legislation was found to have more effect on employer behaviour than is apparent prima facie. The ways in which many employers seek to circumvent the provisions of the law provides evidence of this. The high rate of dismissal in the industry shows, however, that employers are not constrained from using dismissal. Rather, the manner of making dismissals is more formalised due to the threat of tribunal actions. The actual incidence of dismissal could well be far higher since it appeared that some employers did not regard the termination of employment of an employee without the service qualitication as a dismissal. Tribunal actions themselves are quite uncommon, given the high incidence of dismissal. The low success rate for employers at tribunals, and the acknowledgement by employers that procedural requirements were often not met during disciplinary matters, suggests that arbitrary management practice is still widespread.
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Vickers, L. "Whistleblowing at work : the legal implications for employees of making disclosures of confidential information." Thesis, Oxford Brookes University, 1996. http://radar.brookes.ac.uk/radar/items/ec100d8a-65ad-1f5d-b6ef-15393b0d3289/1.

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The thesis examines the nature and extent of protection available to "whistleblowers", employees who disclose to outside bodies wrongdoing or malpractice at work. It begins with a consideration of the philosophical basis for providing protection for such employees. The legal rights of the whistleblowing employee in English law are then considered. In chapter three case law on the duty of confidence is examined and conclusions drawn on its application to employees dismissed for blowing the whistle, with particular reference to whether disclosure of information involves a breach of the employment contract. The general law on unfair dismissal is examined in chapter four to determine the extent to which an employee can claim that a dismissal for raising a concern is unfair. Protection for whistleblowing on specific issues such as race or sex discrimination, and health and safety issues is considered in chapter five. International standards governing the protection of the right to freedom of expression, in particular Article 10 of the European Convention on Human Rights, are examined in chapter six. Chapter seven comprises a comparative study of the protection available to employees who blow the whistle in the USA, where protection exists for whistleblowers both at a constitutional level and in specific legislation. A case study is included in chapter eight in which the position of employees in the National Health Service is examined in detail, with regard to their contractual position and the practical difficulties faced by those who wish to raise concerns about matters at work. A fundamental distinction drawn throughout the thesis is between two types of whistleblowing: "watchdog" whistleblowing, referring the raising of concerns about immediate threats to health and safety or of serious financial loss; and "protest" whistleblowing, referring to the participation of employees in debate on matters that are in the public interest, using specialist informztion gained from their employment. The recognition of these two forms of whistleblowing aids the analysis of the limitations of the legal protection as well as proving useful in the determining the scope of proposed reform. The argument is made that the protection currently available is inadequate and the thesis ends with proposals for legal reform.
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Al, Kiyumi Fawzi Mubarak. "Unfair dismissal study in Omani labour law with emphasis on the relevance of Shari’a." Thesis, University of Bedfordshire, 2013. http://hdl.handle.net/10547/293775.

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The aim of this research is to investigate the implications of unfair dismissal within the boundaries of Omani labour law with particular relevance to the role of Shari’a. Shari’a itself does not provide a legal code, contract law, or a law of tort as yet but it does provide examples of applicable rules, supported with analogies, to deal with employment. The basic principles of forming a contract in Omani Commercial Law; English Law and Shari’a are similar; however, they differ in application. Likewise, the principles of the employment contract are similar with a few differences being seen in implementation; specifically with regards to unfair dismissal issues. This research used a qualitative approach that has enabled the generation and analysis of data from multiple sources including literature review, semi-structured interviews, court cases, Shari’a implied employment contract principles as found in the Qur’an, the Sunnah and relevant Islamic texts. The research shows that the main reasons for employee dismissal can be categorised into: poor performance, disobedience regarding the contractual rules and regulations, absenteeism, aggressive behaviour and an extreme critical attitude in the work-place. From the employee’s perspective, the main reasons for filing cases at Oman Courts were to seek justice, to obtain fair compensation or to highlight the moral values that form the Islamic code of practice. In contrast the employers considered seeking financial gain and revenge as the motivating factors for employees for filing court cases. There obviously is a mismatch to the reasons by each side and the key findings from this research suggest that there is a modest impact of the legal aspects of Shari’a on the Omani Law of Contract and the Employment Law though it is normally conceived by the public that Shari’a is the fundamental law that governs all aspects of muslim life. There needs to be an overwhelming expectation and requirement to develop procedures in the Omani Employment Law that expedite the process of dealing with dismissal cases and the propositions of establishing an arbitration committee may seem to be a way forward. In addition, the establishment of a Labour Court is paramount as at present the employment cases are heard in the Commercial Courts. This will align with the approach taken in the English system where the Employment Tribunals and the Employment Appeal Tribunal oversee cases and minimize delays in achieving justice. There is also a strong argument that there needs to be a review of Article 40/35/2003 that deals with employer rights to dismiss the worker without prior notice in order to establish a solid foundation for justice in the Sultanate of Oman. Unfair dismissal is a phenomenon that impacts on the employee, the employer, the employee’s wider family network and society. This study provides an in-depth understanding and insight into these impacts and into the capacity of Shari’a impact to address modern employment issues in relation to the labour laws and secular laws being used in Oman today.
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Books on the topic "Unfair dismissal"

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Niekerk, André Van. Unfair dismissal. 4th ed. Cape Town: Siber Ink, 2008.

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Niekerk, André Van. Unfair dismissal. 3rd ed. Cape Town: Siber Ink, 2006.

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Howard, Gillian S. Unfair dismissal. London: Video Arts, 1985.

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Niekerk, André Van. Unfair dismissal. 2nd ed. Claremont, South Africa: Siber Ink, 2004.

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Northern Ireland. Department of Higher and Further Education, Training and Employment. Dismissal: fair or unfair? Belfast: Department of Higher and Further Education, Training & Employment, 2001.

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The law of unfair dismissal. London, Eng: Butterworths, 1985.

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Unfair dismissal: Employment law handbook. 2nd ed. London: Thomson Reuters (Professional), 2015.

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Tony, Kerr, and Irish Business and Employers Confederation., eds. Unfair dismissal: Cases and commentary. 2nd ed. Dublin: IBEC, 1996.

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Madden, Declan. Unfair dismissal: Cases and commentary. Dublin: Federation of Irish Employers, 1990.

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The law of unfair dismissal. 3rd ed. London: Butterworths, 2001.

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Book chapters on the topic "Unfair dismissal"

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Lockton, Deborah J. "Unfair Dismissal." In Employment Law, 167–234. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-15002-1_9.

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Lockton, Deborah J. "Unfair Dismissal." In Employment Law, 223–303. London: Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-08551-1_9.

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Charles, Barrow, and Lyon Ann. "Unfair dismissal 1." In Modern Employment Law, 115–26. Abingdon, Oxon; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315713861-7.

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Charles, Barrow, and Lyon Ann. "Unfair dismissal 2." In Modern Employment Law, 128–50. Abingdon, Oxon; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315713861-8.

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Charles, Barrow, and Lyon Ann. "Unfair dismissal 3." In Modern Employment Law, 151–72. Abingdon, Oxon; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315713861-9.

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Adams, Robert. "Self-Help: A Case of Unfair Dismissal." In Self-Help, Social Work and Empowerment, 1–25. London: Macmillan Education UK, 1990. http://dx.doi.org/10.1007/978-1-349-20670-4_1.

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"Unfair dismissal." In Employment Lawcards 2010-2011, 123–42. Routledge, 2010. http://dx.doi.org/10.4324/9780203857892-13.

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Benny, Richard, Michael Jefferson, and Malcolm Sargeant. "Unfair dismissal." In Questions & Answers Employment Law, 65–88. Oxford University Press, 2014. http://dx.doi.org/10.1093/he/9780198701767.003.0007.

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"Unfair Dismissal." In Briefcase Employment Law, 133–58. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843140375-10.

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"Unfair Dismissal." In Employment Law Q&A, 195–238. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144915-15.

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