16. Wrongful Dismissal

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

16. Wrongful Dismissal

2020 ◽  
pp. 390-401
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

AMENDMENTS TO THE TRADE UNIONS ACT AND THE RIGHT TO WORK

2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Current System ◽  
Labor Law ◽  
Employment Law ◽  
Paid Work ◽  
Contract Of Employment ◽  
Negative Effect ◽  
The Law ◽  
The Right

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.

29. Industrial action

2019 ◽  
pp. 512-530
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Employment Law ◽  
Labour Relations ◽  
Industrial Action ◽  
The Law ◽  
Practical Implications

The law on the organisation of industrial action is mainly contained in the Trade Union and Labour Relations (Consolidation) Act 1992. This chapter sketches out the broad principles and their practical implications. It looks separately at three distinct topics: firstly, the law relating to trade unions and trade union officials organising industrial action; secondly, the law relating to individual workers taking industrial action; and, thirdly, the law relating to picketing (ie, demonstrating support for a strike outside an employer’s premises). This is an area of employment law which is both complex (some would say unnecessarily so) as well as controversial in a number of respects.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy

2019 ◽  
pp. 114-129
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Common Law ◽  
Essential Information ◽  
Employment Contract ◽  
Contract Employees ◽  
Unfair Dismissal ◽  
The Common ◽  
The Law ◽  
Employment Rights ◽  
Wrongful Dismissal

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.

20. Collective Redundancies

2020 ◽  
pp. 810-840
Author(s):  
David Cabrelli
Keyword(s):  
Trade Union ◽  
Large Scale ◽  
Labour Relations ◽  
The Law

This chapter examines the law on collective dismissals, which involves the large-scale lay-off of labour by an employer. It first considers the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely the provisions of information, consultation and notification. It then turns to the detail of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.

scholarly journals Brazilian Trade Unions

2009 ◽  
Vol 64 (2) ◽  
pp. 250-269 ◽  
Author(s):  
Karen Lang ◽  
Mona-Josée Gagnon
Keyword(s):  
Case Studies ◽  
Trade Union ◽  
Trade Unions ◽  
Union Leader ◽  
Industrial Relations ◽  
Daily Activities ◽  
Heavy Body ◽  
Labour Relations ◽  
Trade Unionism ◽  
Labour Legislation

Many analysts of Brazilian industrial relations share a determinist vision of the country’s trade unionism, according to which the unions maintain a paradoxical yet atavistic relationship with the heavy body of laws that provide them with advantages while limiting their freedom. We tested this vision by conducting field enquiries into the daily activities of two Brazilian unions: the ABC Metalworkers Union and the Seamstress Union for the Sao Paulo and Osasco Region. In this article, we present the results of our case studies and what they reveal about Brazilian trade unionism’s relationship with the labour legislation. We also briefly discuss former trade union leader and current President Lula’s recent attempts to reform the country’s labour relations system.

Trade Unions and the Quadripartite Interactions in Strike Settlement in China

2010 ◽  
Vol 201 ◽  
pp. 104-124 ◽  
Author(s):  
Feng Chen
Keyword(s):  
Conflict Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Chinese Government ◽  
Labour Relations ◽  
Mediating Role ◽  
Social Basis ◽  
Low Degree ◽  
The Government

AbstractAlthough the Chinese government has claimed to be pursuing tripartism for labour relations, the non-judicial resolution of interest conflict in enterprises is largely a process of quadripartite interaction. In addition to the government and employers, the trade unions and workers are separate players: labour strikes in China are always launched by unorganized workers rather than by trade unions, whose task is to defuse the situation. Such a quadripartite process is dominated by the government, with the trade union playing a mediating role, not only between workers and the government but also between workers and employers. The process involves certain explicit and implicit rules, as well as distinct dynamics. This research examines the institutional and social basis of quadripartite interaction and how it led to the settlement of strikes. It demonstrates that although it can effectively defuse workers' collective action, a quadripartite process of conflict resolution reflects a low degree of institutionalization of industrial relations in China.

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