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Unfair/ Wrongful Dismissal
Bermuda
Appleby
Michel Lafresière (ML) was employed as Maintenance Manager with the New Mauritius Hotels Ltd (NMH). ML claimed Rs 6,001,899.66 before the Industrial Court, for unjustified termination of his employment.
Appleby
The lay off provisions in the Employment Act 2000 ("the Act") allow employers to lay off employees for a period "not exceeding four months" where there are conditions of redundancy.
Gibraltar
ISOLAS
ISOLAS Partner Mark Isola KC and Senior Associate Nick Isola, experts in employment law, provide a comprehensive analysis of statutory redundancy compensation in Gibraltar...
Guernsey
Appleby
The Prevention of Discrimination (Guernsey) Ordinance 2022 ("Ordinance") will come into force on 1 October 2023
Hong Kong
Herbert Smith Freehills
The District Court in Hum Matthew Ta v Allied Way Security Management Limited [2024] HKDC 134 recently dismissed an employee's claim for wrongful dismissal against his former employer.
Jersey
Carey Olsen
Carey Olsen Starting Point Guides are intended as a general introduction and guide to different aspects of Jersey law. They are a summary of the most important issues that we come across.
BCR Law
This note aims to set out in one place, in a clear and readily understandable way, the most important basic rights enjoyed by employees in Jersey under the Employment (Jersey) Law 2003and other legislation.
Bedell Cristin
It is already cemented infamously in history that within hours of acquiring Twitter in November 2022, the "individual eccentric genius" that is Elon Musk
Luxembourg
Luther S.A.
Dans un environnement juridique difficile et en constante évolution, il devient essentiel pour les employeurs, qu'il s'agisse de petits entrepreneurs ou de sociétés multinationales...
Malta
GVZH Advocates
When national legislation undermines the fundamental right to an effective remedy prescribed by European Union standards, the national court must disapply the relative legislation, in so far as necessary.
GVZH Advocates
Less favourable treatment is always condemned in an employment relationship, more so when comparing whole-time employees as opposed to part-time employees.
GVZH Advocates
As a juridical body, the Industrial Tribunal has exclusive competence to settle trade disputes and to consider and decide all cases of alleged unfair dismissals.
CSB Group
Employment Law in Malta is mainly governed by the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) (the ‘EIRA'), which ensures fair treatment of workers...
GVZH Advocates
Project Seafarer Harmony (hereinafter referred to as "the Project") outlines the salient legislation pertaining specifically to seafarers.
GVZH Advocates
The termination of employment under Maltese Law has its roots in the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta, hereinafter referred to as the "Act").
Mauritius
Appleby
This article discusses the recent approach of the Cour de Cassation in France on rules of evidence in civil proceedings. In a recent ruling¹ relating to the dismissal of an employee...
Monaco
CMS Pasquier Ciulla Marquet Pastor Svara & Gazo
Si la question est peu souvent posée, elle mérite pourtant attention, spécifiquement pour les employeurs particuliers, tant les incidences d'un décès pendant la relation de travail peuvent emporter...
CMS Pasquier Ciulla Marquet Pastor Svara & Gazo
Although the matter is not often raised, it deserves attention, especially for individual employers, since the impact of a demise during the employment relationship can have unanticipated consequences.
Philippines
Herbert Smith Freehills
Philippine law sets a high standard in establishing a just cause for termination of employment. There are also due process requirements which must be complied with.
BSA Ahmad Bin Hezeem & Associates LLP
The following article looks at discrepancies between the new laws on unfair dismissal and recent precedents.
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