Tag Archives: unfair dismissal

Asia: The Role of Unions

Unions are becoming increasingly prevalent across Asia. Here we take a look at which aspects of the employment relationship unions may be involved in Singapore, Hong Kong, the People's Republic of China, Thailand, Indonesia, South Korea and Japan.

Leave a Comment

Filed under Jurisdiction: Asia, Trade unions and works councils

UK: April 2017 changes – apprenticeship levy, tribunal compensation limits, national minimum wage, statutory benefits and immigration skills charge

From 6 April 2017 UK employers with an annual pay bill of or over £3 million will be required to pay an apprenticeship levy at a rate equivalent to 0.5% of their payroll costs, subject to an offset allowance of … Continue reading

Leave a Comment

Filed under Family-friendly rights, Jurisdiction: UK, Termination of employment, Time off rights

UK: Dismissal for long-term sickness – new medical evidence at internal appeal

Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even if that evidence is questionable and produced only at a late stage.

Leave a Comment

Filed under Discrimination and equal pay, Jurisdiction: UK, Termination of employment

Hong Kong: Damages for injury to feelings and exemplary damages

As a general rule, employees bringing a claim for damages against their employer will need to demonstrate that they have suffered financial loss as a result of the alleged wrongdoing. In some cases, however, an employee may also be able … Continue reading

Leave a Comment

Filed under Discrimination and equal pay, Jurisdiction: Asia

UK: Relocation on redundancy – mobility clause dismissal will be unfair if clause is too wide or operated unreasonably

The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to operate a mobility clause (rather than make redundancies with the offer of alternative … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Redundancy, Termination of employment

Malaysia: Limit of liability for fixed-term contracts

In the case of Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor [2016] MLRHU 1, the High Court in Malaysia ruled that, in an action for unfair dismissal, a fixed-term contract employee may only claim back wages in relation … Continue reading

Leave a Comment

Filed under Contracts of employment, Jurisdiction: Asia

New Zealand: Fair and reasonable dismissals

The New Zealand Court of Appeal has ruled on the standard for employers in justifying dismissal decisions, finding it requires an overall assessment of whether the decision was fair and reasonable in the circumstances. In A Ltd v H [2016] … Continue reading

Leave a Comment

Filed under Jurisdiction: Asia

UK: Redundancy – suspending employee during consultation could be unfair

Employers should consider carefully whether it is necessary to suspend an employee at risk of redundancy and prohibit contact with colleagues or clients from the start of the consultation process.

Leave a Comment

Filed under Jurisdiction: UK, Redundancy

UK: Unfair dismissal – broad investigation may be required where credibility of serious allegations at issue

Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry out a broad investigation, including into evidence that goes to credibility.

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment

UK: Unfair dismissal – reliance on inappropriate final warning could render dismissal for gross misconduct unfair

In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written warning which the tribunal found to have been ‘manifestly inappropriate’.

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment