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On 29 August 1982, Flynn told the principal she had contacted a solicitor and would contest the dismissal. [14] In March 1983, she took her case to the Employment Appeal Tribunal, alleging unfair dismissal under the Unfair Dismissals Act, 1977, which prohibits pregnancy discrimination. [15] In February 1984, the tribunal rejected her appeal. [13]
Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. [55] Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from ...
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 ...
Alternatively, even if sex workers do have section 23 rights, the Labour Relations Act – in denying protection against unfair dismissal to sex workers – imposes a justifiable limitation on those rights, because the limitation "gives effect" to the rule-of-law principle that courts should not sanction illegal activity.
A confession could still leave a dismissal unfair if the disciplinary procedure was defective, in fact the employer must always follow a fair procedure before dismissal for misconduct. [ 132 ] If the employee is a trade union official the employer must consult a senior union leader, otherwise unfair dismissal is likely and there may easily be a ...
It reaffirmed this position in Webb v EMO Air Cargo (No 2) [10] where a woman had been dismissed because she had attempted to take pregnancy leave, but had not disclosed this to her employer when hired. As well as a dismissal, a failure to renew a fixed term contract may also be discrimination. [11]
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.. The phrase 'Polkey deduction' has become a standard concept in UK Employment Tribunals, as a result of this case and later ones, meaning that even if a Tribunal decides a dismissal was unfair, it must separately decide whether the compensatory ...
An "employee" has all those rights, and also the right to a written contract of employment, time off for pregnancy or child care, reasonable notice before a fair dismissal and a redundancy payment, and the duty to contribute to the National Insurance fund and pay income tax. [36]