Parental guidance — leave must not be a negative factor in redundancy decisions
Riezniece v Zemkopibas ministrija arose out of a redundancy selection exercise in the Latvian civil service. In 2009 the department had decided to abolish one of its adviser posts, based on performance appraisal criteria from that year. The claimant was not at work in 2009, so she was assessed using 2006 performance (which was based on different criteria). She was told that her post was being abolished and she was moved to an adviser role in another department. But shortly after she transferred, that post was also abolished and her employment ended.
The ECJ decided that, while there is nothing to prevent the dismissal of a worker who has taken parental leave, provided the dismissal is not because of taking leave, there were two potential problems in this case…
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The new Companies Ordinance (Cap. 622), which came into effect on 3 March 2014, is a substantial rewrite of Hong Kong companies law.
Employment News — 14 April 2014: the final straw — employer entitled to take strict view in light of previous warnings
Before his dismissal, the claimant in Disotto Food Ltd v Carlos Santos for misconduct he had been given three warnings about his conduct.
Analysis from The Lawyer
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump
When a firm shouts loudly about a landmark merger, as SJ Berwin did when it joined forces with King & Wood Mallesons, departures are always likely to come under the spotlight.