The Juridical Basis Of The Statutory Claim For Compensation In Unfair Dismissal Cases

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The Juridical Basis of the Statutory Claim for Compensation in Unfair Dismissal Cases

Author : Hendrik Johannes Tjaart Venter
Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.:/5 (96 download)

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Book Synopsis The Juridical Basis of the Statutory Claim for Compensation in Unfair Dismissal Cases by : Hendrik Johannes Tjaart Venter

Download or read book The Juridical Basis of the Statutory Claim for Compensation in Unfair Dismissal Cases written by Hendrik Johannes Tjaart Venter and published by . This book was released on 2016 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: A highly efficient, mass dispute resolution system has been established in South Africa with the implementation of the Labour Relations Act 66 of 1995 (hereafter the LRA 1995 ) two decades ago. The remedies of reinstatement, re-employment and compensation lie at the heart of this system. The compensation claim in terms of the LRA 1995, on which this study focuses, is related to a history of preceding common-law and statutory legal development, including the development of labour law in comparable foreign jurisdictions. However, according to sections 193(1) and 194(1) of the LRA 1995, the determination of compensation is left to the blanket discretion of CCMA arbitrators who have to determine compensation for substantively and procedurally unfair dismissals on the basis of what they perceive to be just and equitable in all the circumstances of the individual case. Significantly, there are no further standards or frameworks to be found in the statute and it is not strange that questions are being asked, both in academic quarters and from the bench, about the consistency and accuracy of compensatory awards. This dissertation comprises an analysis of the common-law action for breach of contract in unlawful dismissal cases, the statutory claim for compensation for unfair dismissal in terms of the Labour Relations Act 28 of 1956, the statutory claim for compensation for unfair dismissal in terms of the LRA 1995 and similar common-law and statutory remedies in the labour law of the United Kingdom. The objective is to form an understanding of the nature of these remedies and how it relates to the process of determining compensation. On the basis of the preceding analysis, the need for legislative review of the compensation claim in terms of the LRA 1995 is then demonstrated. Pursuant to recent case law, the jurisdictional overlap between the statutory claim and the common-law action for breach of the employment contract in unfair dismissal cases is also addressed.

Basic Guide to the National Labor Relations Act

Author : United States. National Labor Relations Board. Office of the General Counsel
Publisher : U.S. Government Printing Office
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Basic Guide to the National Labor Relations Act by : United States. National Labor Relations Board. Office of the General Counsel

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Unfair Dismissal Law Fourth Edition

Author : John M. Wright
Publisher : Lulu.com
ISBN 13 : 1291857826
Total Pages : 668 pages
Book Rating : 4.2/5 (918 download)

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Book Synopsis Unfair Dismissal Law Fourth Edition by : John M. Wright

Download or read book Unfair Dismissal Law Fourth Edition written by John M. Wright and published by Lulu.com. This book was released on 2014-06-10 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Unfair Dismissal Law has been written for those who want to locate and read a summary of one or more of the many topics within this particular area of employment law together with a summary of the relevant line of case authorities and the relevant legislation. This book has been written for professional employment law advisers as well as lay people. For the former, this book can serve as an aide-memoire or reference book whereas, for the latter, it can be an indispensible and invaluable source of practical information that can be used to identify and clarify a particular employment law problem and, if need be, to pursue a claim in an employment tribunal by citing the relevant case authorities and law.

Employment Law in Practice

Author : The City Law School
Publisher : Oxford University Press, USA
ISBN 13 : 0199686890
Total Pages : 367 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Employment Law in Practice by : The City Law School

Download or read book Employment Law in Practice written by The City Law School and published by Oxford University Press, USA. This book was released on 2014-01-09 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law in Practice provides readers with a thorough grounding in substantive law and employment tribunal procedure, as well as an opportunity to develop legal skills through numerous worked examples and sample documentation.

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1506 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Employment Law in Practice

Author : Nigel Duncan
Publisher :
ISBN 13 : 0199641528
Total Pages : 376 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Employment Law in Practice by : Nigel Duncan

Download or read book Employment Law in Practice written by Nigel Duncan and published by . This book was released on 2012 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law in Practice equips the reader with a thorough grounding in substantive areas of employment law which are most frequently heard in employment tribunals, including unfair dismissal which has been updated with the new Code of Practice, breach of contract, discrimination, equal pay and family friendly provisions. Fully updated in light of the Equality Act 2010, the new edition of the manual takes a highly pragmatic approach aimed at preparing the reader for practice. It features a dedicated chapter specifically focussing on the regulations and procedural aspects of employment tribunals and fully equips the reader with knowledge of the workings of employment tribunals, which will be essential for success in practice. The manual also contains a specialist section guiding the reader through the completion of forms, highlighting how to deal with interlocutory stages, how to use special procedures and accurately record settlements which will underpin their success in practice. Designed to accompany the employment law option on the Bar Professional Training Course, this manual is also appropriate for anyone who might require practical accessible guidance on conducting cases in employment law tribunals.

Blackstone's Employment Law Practice 2011

Author : Gavin Mansfield
Publisher : Oxford University Press, USA
ISBN 13 : 0199589216
Total Pages : 1100 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Blackstone's Employment Law Practice 2011 by : Gavin Mansfield

Download or read book Blackstone's Employment Law Practice 2011 written by Gavin Mansfield and published by Oxford University Press, USA. This book was released on 2011-03 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential work for employment practice is back with a brand new edition. Blackstone's Employment Law Practice 2011 is the indispensable resource for employment practitioners, providing all you need to advise clients confidently and to appear in tribunal. It draws together key legislation, procedural rules, Codes of Practice, and Practice Directions, as well as in-depth analysis of law and procedure in one convenient portable volume. Providing comprehensive coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal and Central Arbitration Committee, Blackstone's Employment Law Practice 2011 includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, application of TUPE, and guidance on drafting of compromise agreements. Alongside the latest developments in law and procedure and guidance on the key areas of substantive law, the new edition also includes entirely rewritten chapters on equal pay and discrimination, including extensive coverage of the changes brought about by the Equality Act 2010. Other features include: - All the material you need when preparing for and during a case in tribunal or court in one convenient portable volume - Complete coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal, and Central Arbitration Committee, as well as in employment issues in the High Court and Court of Appeal - Eminent author team bring together consummate experience of every aspect of employment law and practice, ensuring unrivalled quality and clear, practical insight - Includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, taxation, application of TUPE, and guidance on drafting of compromise agreements - Clear page design and wider range of flow charts and procedural checklists enable quick access to essential information - Updated annually, the 2010 edition has been extensively revised to contain full coverage of all recent developments - Wide range of flowcharts and procedural checklists provide immediate clarification of complex procedural issues - Quick reference guides to the book organized by procedure and by substantive law - Precedent agreements supporting cases from the tribunal to the civil courts - Information on practice and procedure in Scotland by Brian Napier QC - Appendices provide current and historical financial data

Cases and Materials on Employment Law

Author : Richard W. Painter
Publisher :
ISBN 13 : 0199679096
Total Pages : 785 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Cases and Materials on Employment Law by : Richard W. Painter

Download or read book Cases and Materials on Employment Law written by Richard W. Painter and published by . This book was released on 2015 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on Employment Law is the complete reference resource for students of employment law. The most current sourcebook on the market, the 10th edition offers a wealth of well-chosen case law and stimulating extracts and materials to explain employment law in a contextualized and thought-provoking manner.Discerning author notes and questions accompany each extract, providing valuable additional detail to further students' understanding and encourage them to engage critically with the material.Online Resource Centre:This book is also accompanied by a free online resource centre (www.oxfordtextbooks.co.uk/orc/painter_holmes10e/) which includes an additional material on family rights, an extra chapter on health and safety at work as well as updates to the law and useful weblinks.

Employment Law 2013

Author : James Holland
Publisher : Oxford University Press, USA
ISBN 13 : 0199670773
Total Pages : 456 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Employment Law 2013 by : James Holland

Download or read book Employment Law 2013 written by James Holland and published by Oxford University Press, USA. This book was released on 2013-01-31 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring case study questions and exercises, this practical and accessible guide is particularly suitable for students taking employment law as part of their legal practice course.

Employment Law 2012

Author : James Holland
Publisher : Oxford University Press, USA
ISBN 13 : 0199641846
Total Pages : 455 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Employment Law 2012 by : James Holland

Download or read book Employment Law 2012 written by James Holland and published by Oxford University Press, USA. This book was released on 2012-02-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring case study questions and exercises, this practical and accessible guide is particularly suitable for students taking employment law as part of their legal practice course.

Employment Law

Author : Stephen Taylor
Publisher : Oxford University Press (UK)
ISBN 13 : 0198705395
Total Pages : 661 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Employment Law by : Stephen Taylor

Download or read book Employment Law written by Stephen Taylor and published by Oxford University Press (UK). This book was released on 2015 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law, 4e provides a complete and accessible introduction to the subject, with a wealth of practical activities and a unique chapter on preparing and presenting a case.

Employment Law Handbook

Author : Daniel Barnett
Publisher : Henry Scrope
ISBN 13 : 9781853286742
Total Pages : 536 pages
Book Rating : 4.2/5 (867 download)

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Book Synopsis Employment Law Handbook by : Daniel Barnett

Download or read book Employment Law Handbook written by Daniel Barnett and published by Henry Scrope. This book was released on 2008 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been updated to take account of legislative and other developments including the Age Discrimination 2006 Regulations, the Corporate Manslaughter and Corporate Homicide Act 2007, the changes to dispute resolution procedures, and the impact of the Work and Families Act 2006.

Employment Law 2016

Author : James Holland
Publisher : Oxford University Press
ISBN 13 : 0198747578
Total Pages : 447 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Employment Law 2016 by : James Holland

Download or read book Employment Law 2016 written by James Holland and published by Oxford University Press. This book was released on 2016-01-14 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law has been developed primarily for students taking an elective module in employment law on the LPC and is suitable for courses with either a corporate or private client focus. The 2016 edition continues to provide a practical and comprehensive guide to the subject and has been fully updated to include recent UK and European case law and developments in employment law practice. Examples and sample documents are included throughout the book to help students understand the practical application of the law, preparing them for the situations they may encounter once qualified. Detailed information is presented clearly and concisely, with the use of flowcharts and diagrams to provide a visual overview of complex processes and areas of common difficulty. End of chapter summaries and self-test questions are also used throughout the book, to help students consolidate their learning and identify areas for further study. This book is also accompanied by a free Online Resource Centre (www.oxfordtextbooks.co.uk/orc/employment2016/) which includes updates to the law post-publication, self-test questions with instant feedback, outline answers to the questions in the book, and electronic versions of flowcharts and diagrams to assist with notes and revision.

Employment Law in Context

Author : David Cabrelli
Publisher :
ISBN 13 : 0198840314
Total Pages : 967 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Employment Law in Context by : David Cabrelli

Download or read book Employment Law in Context written by David Cabrelli and published by . This book was released on 2020-07 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absolute package for students of employment law, this rigorous treatment - which includes extracts from key cases and source materials - uses a running case study to contextualize the law and actively encourages critical thinking.

Employment Law

Author : James Holland
Publisher : Oxford University Press, USA
ISBN 13 : 0198700903
Total Pages : 452 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Employment Law by : James Holland

Download or read book Employment Law written by James Holland and published by Oxford University Press, USA. This book was released on 2014 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law has been developed primarily for students taking an elective module in employment law on the LPC and is suitable for courses with either a corporate or private client focus. The 2014 edition continues to provide a practical and comprehensive guide to the subject and has been fully updated to include recent UK and European case law and developments in employment law practice. Examples and sample documents are included throughout the book to help students understand the practical application of the law, preparing them for the situations they may encounter once qualified. Detailed information is presented clearly and concisely, with the use of flowcharts and diagrams to provide a visual overview of complex processes and areas of common difficulty. End of chapter summaries and self-test questions are also used throughout the book, to help students consolidate their learning and identify areas for further study. This book is also accompanied by a free Online Resource Centre (www.oxfordtextbooks.co.uk/orc/employment2014/) which includes updates to the law post-publication, self-test questions with instant feedback, outline answers to the questions in the book, and electronic versions of flowcharts and diagrams to assist with notes and revision.

Landmark Cases in Labour Law

Author : Jeremias Adams-Prassl
Publisher : Bloomsbury Publishing
ISBN 13 : 1509944281
Total Pages : 377 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Landmark Cases in Labour Law by : Jeremias Adams-Prassl

Download or read book Landmark Cases in Labour Law written by Jeremias Adams-Prassl and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features essays by leading legal scholars on 'landmark' labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. There are few activities as distinctively human as work and labour. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. The narrative arc of its landmark cases reveals the richness and complexity of the human story played out in the working lives of real people. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers' fundamental rights at work. The collection will be of interest to students, scholars, and legal practitioners in labour and equality law, as well as students in management studies, industrial relations, and labour history.