TITLE

Professional Briefing: Employment

PUB. DATE
February 2001
SOURCE
Accountancy;Feb2001, Vol. 127 Issue 1290, p84
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article presents news on employment related disputes. The Central Arbitration Committee (CAC) plays an important role in settling union recognition disputes. In a recent case, the CAC has accepted a recognition application by the Union for the Investment Finance Industry (UNIFI) in respect of workers, including managers, employed by the Bank of Ceylon under contracts based in Great Britain. A reference to the UNIFI vs. Bank of Ceylon is given. The Employment Appeal Tribunal has held that a clause in an employment contract an employee who failed to work out his notice period without his employer's consent must pay the employer a sum equal to the number of days not worked, was a penalty clause and unenforceable. The claimant was required to give his employer four weeks notice of termination of his contract. He resigned on the basis of constructive dismissal, which he could not prove, having failed to work out his notice. His contract provided that he had to pay the employer a sum equal to a day's pay for each day of his notice period that he did not work. His employer relied on this provision and deducted the relevant sum from other amount owed to the worker.
ACCESSION #
12144369

 

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