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Kylie challenged the CCMA's decision in the Labour Court of South Africa, where she was represented by Wim Trengove. [1] On 31 July 2008 in Cape Town, Acting Judge Halton Cheadle dismissed her suit. Cheadle held that the Labour Relations Act cannot be read to grant sex workers an enforceable statutory right to a fair dismissal. [3]
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995, which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa.
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
A wrongful dismissal will allow the employee to claim monetary damages in an amount that compensates the employee for the wages, commissions, bonuses, profit sharing and other such emoluments the employee would have earned or received during the lawful notice period, minus earnings from new employment obtained during the lawful notice period.
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
Unfair dismissal in Australia is the right to not be unfairly dismissed from work in the Fair Work Act 2009. This is a core part of Australian labour law , and refers to an unlawful act of employment termination due to it being an unfair action on the employee by the employer.
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