This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.
Labour Relations Act On Dismissal In Kings
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Multi-State
County:
Kings
Control #:
US-002HB
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FAQ
There are five categories of unfair labor practices for employers that are prohibited under the NLRA: Interference, restraint, or coercion. An employer cannot interfere with, restrain, or coerce employees in the exercise of their rights.
An unfair labour practice means any unfair act or omission that arises between an employer and an employee, involving: The unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee.
An employer commits an unfair labor practice if it interferes with your right to join, organize, or help a union, your right to be involved in collective bargaining, or your right to be involved in protected concerted activities with other employees.
Section 188 (1) of the LRA states that a dismissal which is not automatically unfair is still unfair if the employer fails to prove – (a) That the reason for the dismissal is a fair reason – (i) Related to the employee's conduct or capacity; or (ii) Based on the employer's operational requirements; and (iii) That the ...
Examples of employer conduct that violates the law: Promising benefits to employees to discourage their union support. Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.
Fair procedure If the worker is a shopsteward, the employer must first inform or consult the union. The worker must know in advance what the charges are against him or her. The worker must be given enough time to prepare for a hearing. The worker must be present at the hearing and be allowed to state his or her case.
Automatically unfair reasons for dismissal family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants. acting as an employee representative. acting as a trade union representative. acting as an occupational pension scheme trustee.
Acting reasonably genuinely believed that the reason was fair. carried out proper investigations where appropriate. followed the relevant procedures. told the employee why they were being considered for dismissal and listened to their views (in Northern Ireland, the employer must do this in writing)
Section 186 of the LRA provides the meaning of dismissal by describing six types of circumstances which may be defined as a “dismissal”: Where an employer terminates employment summarily, without notice or by conduct, or terminates employment by giving an employee notice.
What are the 5 fair reasons for dismissal? Conduct/misconduct. Capability/performance. Redundancy. Statutory illegality or breach of a statutory restriction. Some other substantial reason (SOSR) A 6th fair reason for dismissal? What do our clients say?
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The King's Speech on 17 July 2024 mentioned significant changes to employment law. Our blog sets out what these proposed changes are.In this blog we look at what the two proposed employment bills are intended to cover and what is likely to happen next. It is expected that protection from dismissal will be extended for up to six months following the end of maternity leave. Collective Redundancy. 'Greatest change to employment law in more than a generation'. In 2023, Canada saw significant statutory and case law developments in labour and employment law.