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Employment Law - Coggle Diagram
Employment Law
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Dismissal
Unfair dismissal
- the dismissal made by the employer is contrary to the employment statutory law (for doing something not unlawful). eg; pregnant
Wrongful/Unlawful dismissal
- employee had been dismissed without just cause or excuse by the employer.
Summary dismissal
- 'instant dismissal' without notice or insufficient notice.
Constructive dismissal
- employer make it hard for employee to cont working so employee will resign.
Remedies
- Reinstatement and back pay (previous position)
- Compensation in lieu of reinstatement and back pay (in monetary form)
- Re-engagement (start afresh, no back pay)
Lay-off
- is a situation where the employer cannot provide work for the employee for the work he is employed to do, and the remuneration is dependent on the work.
- no work provided by employer for at least 12 normal working days in 4 consecutive weeks.
- not entitled for remuneration during such period where no work was provided.
Redundancy
- surplus of labour and has to downsize the labour force
Section 12(3) of EA:
(b) The employer has/intend to cease to carry on the biz in the place at which the employee contracted to work
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(a) The employer has/intend to cease to carry on the business for the purpose the employee was employed.
(d) Requirements of that biz in the place which the employee was contracted have/expected to diminished