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In case of termination due to redundancy, the law requires workplaces to fire their staff according to a list of seniority (Swedish: turordningslista). Given similar tasks, the last employee to be hired will be the first to be fired. In the case of similar age amongst employees, priority is given to older employees.
The qualifying period for redundancy is having worked for two years with the same employer (s.155). You are not entitled to redundancy if you have simply reached retiring age (s.156). And nothing prevents the employer from making a dismissal for misconduct or capability, as outlined under the fairness provisions for dismissal (s.98).
Ms Williams claimed redundancy six weeks into a trial period as manager of an optical store, after the dental clinic which she had previously managed closed. She had agreed to a four-week trial under ERA 1996 section 138 with reservations and asked for confirmation, when she began the trial in the new post, that she could still get redundancy ...
Peter Clark J held the Tribunal had used the wrong test for redundancy as understood from ERA 1996 section 139(1)(b). The right one is to ask (1) whether the employer’s need for employees had diminished and (2) whether the dismissal was caused by the diminution. So the case was remitted to be reheard.
Senate Bill 339, 2022 WRC Amendments: Makes changes to laws governing the state’s Wildlife Resources Commission, a regulatory agency tasked with the conservation of the state’s fish and ...
Just cause is satisfied in any of the following situations: the employee had a pattern of improper or disorderly conduct; the employee worked inefficiently, belatedly, negligently, poorly; the employee repeatedly violated the employer's reasonable and written rules; the employer had a full, temporary, or partial closing of operations; the ...
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In 2002, the Court of Appeal ruled in a case brought by staff employed at Albion's Farington site in Lancashire, Albion Automotive Ltd w. Walker and others, [1] that a contractual term entitling employees to an enhanced redundancy payment could be implied into the employees' contracts of employment based on the employer's custom and practice.