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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 ...
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]
The phrase "constructive dismissal" describes situations where the employer has not directly fired the employee. Rather the employer has: failed to comply with the contract of employment in a major respect. unilaterally changed the terms of employment, or. expressed a settled intention to do either thus forcing the employee to quit.
In United States criminal law, adjournment in contemplation of dismissal may be offered to a defendant in the interest of justice with a view toward ultimate dismissal of the charge. [1] When available, and granted to a defendant, the judge normally adjourns the case for a period time, often in the range of six months to a year, after which ...
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.
Arnett v. Kennedy, 416 U.S. 134 (1974), was a United States Supreme Court case in which the Court rejected a nonprobationary federal civil service employee's claim to a full hearing prior to dismissal over charges he had brought the government into disrepute by recklessly accusing a superior of corruption.
Loudermill letter. In employment law, a Loudermill letter is a letter that public-sector employers may send to employees giving notice of their intent to suspend, demote, or terminate. According to Cleveland Bd. of Educ. v. Loudermill, the process that is due a public employee includes a pre-termination hearing that provides "oral or written ...
Termination of employment. Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part (resignation), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff.