Arbitrary Dismissal Research Articles

The Role of Social Security in the Protection of Workers ' Wages

This study was designed to explore the role of social security in the protection of workers' wages by analysing the legal and legislative frameworks governing this aspect, identifying the most important mechanisms and guarantees provided by this system for workers. The study followed the analytical descriptive approach by clarifying the elements and characteristics of the legal provisions that follow in the legal articles on the protection of workers ' rights to remuneration, and analysing the legal provisions that exist in the Labour Code and the Social Security Act. The study found several findings, notably that the Jordanian Labour Code provided for a range of basic rights for workers, including minimum wages, overtime, paid holidays and leave, and protection against arbitrary dismissal. The study recommended, inter alia, the need to strengthen oversight and enforcement of the application of the Labour Code and the Social Security Act by the relevant authorities to ensure compliance by all parties, and to raise awareness of the rights of workers under these laws through awareness-raising campaigns and the training of workers and institutions.

Opportunity matters: Tenure and faculty status for academic librarians

This paper delves into the debate over faculty status and tenure for academic librarians. Unlike subject-area professors, librarians often lack the opportunity for these distinctions. It’s imperative that universities acknowledge the significance of these titles for librarians and reform the tenure process. Faculty status and tenure carry prestige in academia, offering job security, salary progression, and protection from arbitrary dismissal. They also safeguard academic freedom, allowing scholars to voice opinions and pursue research without fear of repercussions. However, the issue of tenure for librarians remains contentious. Granting tenure to academic librarians is crucial to creating a flourishing university culture.

InconstItucIonalidad del Decreto de Urgencia N.º 016-2020

El objeto del presente trabajo será advertir al lector sobre las diversas contradicciones en que ha incurrido el Poder Ejecutivo y su entidad promotora (Autoridad Nacional del Servicio Civil [SERVIR]), al condicionar indebidamente las funciones, potestades jurisdiccionales y la interpretación que debe hacer el Poder Judicial sobre las pretensiones de reconocimiento de una relación laboral a plazo indeterminado, la reposición al puesto de trabajo y la indemnización por daños y perjuicios. Este problema se origina al no tomarse en cuenta que existen diversos servidores públicos que no se encuentran ubicados dentro de los alcances propios del precedente Huatuco Huatuco, ya que han sido excluidos a través de diversas interpretaciones realizadas por la Corte Suprema de Justicia de la República y por el propio Tribunal Constitucional (sobre lo cual se detallará más adelante).
 Por consiguiente, es necesario que toda la comunidad jurídica reflexione sobre la constitucionalidad del Decreto de Urgencia n.º 016-2020, en tanto que la limitación del mandato de reposición, su admisión legislativa previa, la reconducción de la pretensión y la prohibición de acumulación se encontrarían contraviniendo diversos derechos fundamentales, tales como la protección adecuada contra el despido arbitrario, la cosa juzgada, la tutela jurisdiccional efectiva, el acceso a la justicia y la interdicción de la arbitrariedad.

Migration, Emigration, and Immigration: African Cartoonists Draw the Lines

Migration, Emigration, and Immigration: African Cartoonists Draw the Lines

Protección contra el despido arbitrario de trabajadores tiempo parcial en el Perú

Protección contra el despido arbitrario de trabajadores tiempo parcial en el Perú

Legal Effects of Arbitrary Dismissal in the Bahraini Labor Law

The legal effects of arbitrary dismissal are legal subjects that need to be studied because of the problems that social laws still need to be decided upon in anticipation of the failure of the legal rule to cover them in the light of the continuous change in economic and social conditions. These effects are compensation for arbitrary dismissal or reinstatement of the employee where possible in accordance with the grounds and controls governing compensation for arbitrary dismissal and the amount of such compensation in fixed-term and unspecified contracts, as well as other labor benefits that an employee deserves as a result of dismissal as notice allowance, termination indemnity in indefinite contracts and compensation for the penalty clause in fixed-term contracts, if any, and other benefits. The question of reinstating the employee is a matter of appreciation to the civil super court - the competent civil court to consider resolving disputes between the employee and the employer concerning unpaid wages due to the employee or illegal deductions of remuneration, whenever the employee is still in employment - constrained by the employer's desire and the possibility of reinstating the employee.

Colindres Schonenberg vs. El Salvador

El 4 de febrero de 2019 la Corte Interamericana de Derechos Humanos (en adelante “la Corte” o “este Tribunal”) dictó una Sentencia mediante la cual declaró responsable internacionalmente a El Salvador por la violación de los derechos a las garantías judiciales, protección judicial, el derecho a permanecer en el cargo en condiciones de igualdad, las obligaciones de respetar y garantizar derechos y la obligación de adoptar disposiciones de derecho interno del señor Colindres Schonenberg. Dichas violaciones se suscitaron debido a la destitución arbitraria del señor Eduardo Benjamín Colindres Schonenberg de su cargo de magistrado del Tribunal Supremo Electoral, al haber sido removido por un órgano incompetente, y sin que existiera un procedimiento previamente establecido. Además, tampoco tuvo acceso a un recurso efectivo para garantizar su protección judicial. Asimismo, se originó de una demora excesiva de un proceso civil de daños y perjuicios.

Supervision of local government in Zimbabwe: The travails of mayors

ABSTRACT The discourse on decentralisation theoretically supports central government supervision of local government. The exercise of such powers by the central government of Zimbabwe is mired in controversy. Mayors are often suspended and/or dismissed to safeguard so-called "public interests". In particular, those who are from the opposition political party, the Movement for Democratic Change, have been greatly affected in this regard. The supervisory interventions of the Zimbabwe African National Unity-Patriotic Front led national (central) government have raised questions about the very existence of local democracy and the parameters within which supervision should be implemented. The inadequacy of the laws regulating central supervision over local government and, in some cases, the blatant disregard of such laws by the supervising authority have left mayors vulnerable to arbitrary suspensions and/or dismissal. Such interventions have been motivated mainly by sinister political objectives rather than a genuine desire to improve local governance. A case study methodology focusing on the supervision of mayors in Zimbabwe since independence has been adopted. Keywords: Local government, local autonomy, mayors, supervision, power politics, decentralisation, Zimbabwe

Unfair Dismissal Law and Temporary Migrant Labour in Australia

Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the ability of temporary migrant workers to access legal remedies under Australian employment law. This article examines whether temporary migrant workers are able to make and pursue a claim for unfair dismissal within the federal jurisdiction. As unfair dismissal law seeks to protect job security and provides an essential check on managerial prerogative, it is important that temporary migrant workers are able to access this legal avenue to protect them from arbitrary dismissal. We argue there are serious deficiencies in the application, coverage and content of federal unfair dismissal law in relation to temporary migrant workers in Australia.

Observation of the Ankara 16th Penal Court hearing of case against former co-leader of People’s democratic party (HDP) Figen Yuksekdag 4 July 2017

In July 2017, The Human Rights Committee of the Norwegian Bar Association conducted a trial observation in the trial of Mrs. Yuksdekdag, former co-leader of the HDP party in Turkey. The observer was together with 14 other international observers denied entrance to both the courtroom and the press conference in Ankara, and has given a detailed written statement on these accounts. The observation report summarizes the current situation of the Rule of Law in Turkey and the increasing international concerns, exemplified by the case against Mrs. Yuksekdag. The Human Rights Committee of the Norwegian Bar Association express deep concern regarding the independence of the Turkish Judiciary, the extensive use of emergency decrees, the seemingly arbitrary dismissal of thousands of public servants, along with the Turkish government's criminal persecution of amongst others human rights defenders, journalists, politicians, lawyers, prosecutors and judges.

Under Cover of Westminster: Enabling and Disabling a Public Service Commission in New South Wales

Under Cover of Westminster: Enabling and Disabling a Public Service Commission in New South Wales

The constraints of academic politics are not violations of academic freedom

Tenure is designed to protect the academic freedom of faculty members by insulating them from arbitrary dismissal by administrative authorities external to their community of scholars. Therefore, the target article's focus on constraints that derive from peer pressures and academic politics is misplaced, rendering the results of the survey irrelevant to the issue of the value of tenure.

The Economics of Prozac: Do Employees Really Gain from Strong Employment Protection?

Unlike many other contracts, employment contracts are subject to various external administrative procedures governing separations, ranging from compulsory severance payments and advance notice periods (usually seniority based), to collective layoff procedures (usually depending on the firm's size), and other forms of protections against arbitrary dismissal. These external constraints may raise the wellbeing of workers if everything remains constant, but may fail to do so once other economic channels are accounted for. Here, we explore the effect of such legislation on the firm's attitude towards insiders (i.e. protected workers), notably worker monitoring, working environment, and ultimately what we could term harassment. We show that during downturns, harassing workers in order to induce a quit is a substitute for greater dismissal freedom, and that intense monitoring and depreciated working conditions will occur. Thus, a more protected workforce may loose more than it gains from non-pecuniary pressures exerted by the firm. We test these mechanisms using data from a panel of Canadian individuals (the National Public Health Survey) including details on work-related stress and the consumption of various medications, including anti-depressants. By exploiting cross-province differences in employment protection legislation (EPL), we cannot reject the theoretical hypothesis: we even find positive links between individual employment protection and some dimensions of stress, and weaker but positive links between employment protection, depression and the consumption of various psychotropic drugs. Tenure and firm size information from another dataset is then used to generate further variance in EPL by imputation. This confirms the previous results, as well as falsification exercises: family stress for instance is not correlated with regional EPL, while financial stress is negatively correlated with EPL.

The American Employment-at-Will Doctrine and its Impact upon Employee Rights

In Great Britain protection against arbitrary dismissal is almost taken for granted. The protection has been in existence for nearly thirty years and the basic rules are fairly straightforward and reasonably well known. The British position is not dissimilar to that enacted in other countries and is consistent with international standards. It is surprising to discover, therefore, that the world's most powerful state, the United States, lacks universal and coherent laws on dismissal. To be sure protections are available in the unionised sector through grievance arbitration, and there are federal and state statutes which provide extensive protections against discrimination at the workplace. Otherwise, workers faced with dismissal have to rely on the American common law, which is even less protective than the common law of England and Scotland. This article examines the present common law position in the United States as represented by the employment-at-will doctrine and considers both judicial and statutory developments to extend protection against dismissal. It concludes that the Model Employment Termination Act may provide the necessary impetus for change at state level.

The Search for a Legal Presumption of Employment Duration or Custom of Arbitrary Dismissal in California 1848-1872

The Search for a Legal Presumption of Employment Duration or Custom of Arbitrary Dismissal in California 1848-1872

How to discipline a thief who stole for fellow employees

From an international perspective, presents an interesting problem about discipline, as it discusses the appropriate discipline for a group of employees who confessed to stealing food ‐ cooking oil and a special mix of flour ‐ donated by the US Government for distribution to the poor of the Third World. The expatriate manager is wondering just how severe he should be, given the circumstances where the relatively poor employees felt it was acceptable for them to receive the free food. The young woman who distributed the food to the poor also distributed it surreptitiously to her fellow employees. A complicating factor is that she was noticeably pregnant at the time which entitled her to special protection under Colombian labour law from arbitrary dismissal.

Gotcha! Deciding When Sources Are Fair Game

This essay examines the issue of questionably obtained information in journalism, defined as information obtained in violation of source expectations. The analysis combines Ross's theory of variable-weight duties and the case-based method of casuistry to specify the duties involved in journalist-source interaction and the sorts of circumstances that may justify weighting these duties differently. A three-part test is offered for determining when journalists have reasonable grounds for occasionally using questionably obtained information. These conservative guidelines for justifying exceptions guard against arbitrary dismissal of legitimate source expectations. Meanwhile, several green light guidelines suggest strategies for preventing the problem of questionably obtained information.

Internal Labor Markets in Retailing: The Early Years

This study of two New York City department stores shows that, contrary to the implications of previous studies, internal labor markets existed before World War I, outside heavy industry, and in the absence of overt worker discontent. Among male office employees in one store, the internal market was marked by job ladders, relatively high wages, and many senior employees. In the other store, female employees in both the office and sales divisions were in a mixed situation, characterized by rudimentary job ladders and pay increasing with seniority but low average wages and no protection against arbitrary dismissal. The authors hypothesize that classic internal markets exist only where workers possess the collective power to impose substantial turnover costs on the employer.

When it comes to ''The Sack", can Psychology help?

The various ways in which people lose their jobs are discussed, and arbitrary dismissal is distinguished from redundancy. Three case studies, and some other evidence, suggest that dismissals are sometimes handled clumsily and may cause unnecessary suffering. European and British legislation to protect employees is considered, and it is argued that laws of this kind are desirable but may not overcome all of the unfortunate effects of arbitrary dismissal. Both research and existing professional practices in psychology have some applications to the problems of dismissal, but it is concluded that psychologists could make their major contribution by training managers and supervisors to handle difficult interpersonal situations more skilfully.

Legal aspects of termination of employment

Legal issues involved in termination of employment are identified, and practical implications of these issues for employers and employees are discussed. There is no general protection against arbitrary dismissal from employment in the United States. Federal statutes restricting termination at will are listed; each state also may have laws protecting employees from arbitrary dismissal. Cases in which state courts have established exceptions to the termination-at-will general rule are described; these suits have been based upon breach of contract, tort, or "public policy" exceptions such as refusing to commit an unlawful act, performing a public obligation or upholding the law, and whistle-blowing. Considering the evolving limits on the termination-at-will general rule, practical advice for employers and employees regarding documentation of interviews, content of appointment letters, and recognition of employee rights is presented. While the termination-at-will general rule appears to be eroding, there does not seem to be a clear trend against which to draw any general conclusions. The cases indicate that courts will find some theory to redress outrageous conduct or clear violations of an employer's policies.