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the dismissal was harsh, unjust or unreasonable; [23] it was not consistent with the Small Business Fair Dismissal Code; [24] [25] and; it was not a case of genuine redundancy. [26] If the Fair Work Commission determines that a dismissal was unfair, the Commission must decide whether to order reinstatement or compensation. [27]
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 ...
Statute of limitations. A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. [1][2] In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and ...
A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), [1] is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred ...
A "Loudermill" hearing is part of the "due process" requirement that must be provided to a public employee prior to removing or impacting the employment property right (e.g. imposing severe discipline). The purpose of a "Loudermill hearing" is to provide an employee an opportunity to present their side of the story before the employer makes a ...
Some 11,500 liens on people's homes including Terry Belk's in North Carolina and five other states will be released. In July, North Carolina Gov. Roy Cooper, a Democrat, announced a medical debt ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...