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Lecture 7 - Labor Law
Lecture 7 - Labor Law
Lecture 7 - Labor Law
refer review
Dismissals
Minister
Dismissal was
valid
Section 20 IRA Refer Industrial Ct
DGIR
Written Dismissal
representation to Preliminary was
DGIR within time requisite for void/invalid
frame Failed jurisdiction
Settlement
Remedy Reinstatement
Subjective test
Emphasis on the
Confirm workman
Workman Probationer
result / consequence
and not method
Foreign workman
Consider post – dismissal
earnings
No compensation for loss of
2nd Schedule earnings
Remedy
Take into account
contributory misconduct of
the workman
Confirmed 24 months
Industrial Ct
- S.30 (1)
- S. 30 (6)
Reinstatement
Definition Constructive
Dismissal
Burden of Proof
Test
The employer’s conduct amount to a Western Excavation
V
breach going to the root of the contract
Sharp
The breach indicate that the employer no
Contract Test longer intended to be bound by the contract
The employee must resign as soon as
possible