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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 ...
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 ...
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 ...
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]
Layoff. A layoff[1] or downsizing is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees (collective layoff) [2] for business reasons, such as personnel management or downsizing (reducing the size of) an organization. Originally, layoff referred exclusively to a temporary ...
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.
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 ...
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