Law Commons^™

Mark Tink And Others V. Lumwana Mining Company Limited Caz Appeal No. 41/2021, Chanda Chungu

SAIPAR Case Review

The decision in Mark Tink and Others v. Lumwana Mining Company Limited is an important decision because it clarifies and restates that law that a valid reason, that is substantiated is required when an employer initiates termination of the contract of employment.

This article critiques the approach of the Court of Appeal as it relates to the award of damages. This article seeks to provide clarity as it relates to the award of damages, particularly the way is granted and justified. It is suggested that when the opportunity arises either the Court of Appeal or the Supreme Court should revise …

Mp Infrastructure Zambia Limited V. Matt Smith And Kenneth Barnes Caz Appeal No. 102/2020, Chanda Chungu

SAIPAR Case Review

No abstract provided.

The Ragged Edge Of Rugged Individualism: Wage Theft And The Personalization Of Social Harm, Matthew Fritz-Mauer

University of Michigan Journal of Law Reform

Every year, millions of low-wage workers suffer wage theft when their employers refuse to pay them what they have earned. Wage theft is both prevalent and highly impactful. It costs individuals thousands each year in unpaid earnings, siphons tens of billions of dollars from low-income communities, depletes the government of necessary resources, distorts the competitive labor market, and causes significant personal harm to its victims. In recent years, states and cities have passed new laws to attack the problem. These legal changes are important. They are also, broadly speaking, failing the people they are supposed to protect.

This Article fills …

Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt

Marquette Law Review

The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …

How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The Rational Actor, Scott A. Moss, Peter H. Huang

Publications

Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and-liability issues the Supreme Court and litigators face regularly, the law essentially ignores the lessons …

Re Canada Post Corp And Cupw (036-03-00022), Innis Christie

Innis Christie Collection

Union grievance, submitted on September 20, 2006, on behalf of all affected employees alleging breach of Article 39 05 (e) and (f) of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer failed to offer overtime hours as required by those provisions. The Union sought an order that the Employer pay damages to compensate the affected employees.

Mandatory Arbitration: Why It's Better Than It Looks, Theodore J. St. Antoine

Articles

"Mandatory arbitration" as used here means that employees must agree as a condition of employment to arbitrate all legal disputes with their employer, including statutory claims, rather than take them to court. The Supreme Court has upheld the validity of such agreements on the grounds that they merely provide for a change of forum and not a loss of substantive rights. Opponents contend this wrongfully deprives employees of the right to a jury trial and other statutory procedural benefits. Various empirical studies indicate, however, that employees similarly situated do about as well in arbitration as in court actions, or even …

Re Canada Post Corp And Cupw (Morgan), Innis Christie

Innis Christie Collection

The Grievor was suspended for inappropriate behaviour towards co-workers. The Union claims the three day suspension was without just, reasonable and sufficient cause and sought a remedy which would pay damages due to the suspension and removal of all related documents from the Grievor's personal file.

The grievance succeeds in part. Discipline was appropriate. There was nothing in the Grievor's personal record to support a three day suspension and one of the complaints warranted no discipline. The suspension is reduced to two days and the Grievor is to be compensated for losses resulting from the third day.

Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme

Journal of Race, Gender, and Ethnicity

No abstract provided.

Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields

Articles

On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.

Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review

Michigan Law Review

This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues …

A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain

University of Michigan Journal of Law Reform

Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …

Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review

Michigan Law Review

This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …

Wrongful Discharge: Toward A More Efficient Remedy, Jeffrey L. Harrison

Indiana Law Journal

No abstract provided.

Labor Law, Various Editors

Villanova Law Review

No abstract provided.

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.

A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag

Publications

No abstract provided.

Equitable Credit: Apportionment Of Damages According To Fault In Tripartite Litigation Under The 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act, Randall C. Coleman, Warren B. Daly Jr.

Maryland Law Review

No abstract provided.

Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Re United Steelworkers And Vulcan Containers (Canada) Ltd, Innis Christie, C Gareau, N E. Wrycraft

Innis Christie Collection

Employee Discharge alleging unjust discharge. Determination of quantum of damages.

AWARD:

In an award dated November 21, 1969, this board ordered the grievor to be reinstated in employment with compensation for loss of income except for wages she would have received in the first two weeks following her discharge by the company. Mr. Wrycraft dissented. The majority award stated that the grievor was subject to a duty to mitigate her losses so that any actual earnings and an amount equal to any earnings that she could have had if she had made a reasonable and prudent effort to find other …

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

Damages For Unfair Labor Practices

Indiana Law Journal

No abstract provided.

Labor Law-Labor-Management Relations Act-Relationship Of Remedies Under Title I And Title Iii, Wendell B. Will S.Ed.

Michigan Law Review

Petitioner, a local of the International Longshoremen's and Warehousemen's Union, established a picket line at respondent's lumber mill and notified other locals to refuse to unload respondent's products. Petitioner sought to force respondent to assign certain jobs to its men. Respondent's policy had been to use its own employees for the disputed work. As a result of petitioner's action respondent was forced to suspend its operations. Respondent filed an unfair labor practice charge with the NLRB alleging union violation of section 8(b)(4)(D) of the LMRA. After some time the NLRB determined that petitioner's men were not entitled to the disputed …

Labor Law-Arbitration-Applicability Of The United States Arbitration Act To Collective Bargaining Agreements, Morris G. Shanker S. Ed.

Michigan Law Review

Plaintiff brought an action in the federal district court for Pennsylvania against the defendant labor union for damages caused by a strike, allegedly in violation of a written collective bargaining agreement between them. This contract also provided, inter alia, for submission to arbitration of all differences arising between the parties under the contract. However, no arbitration had been had prior to this suit. Defendant moved to stay all proceedings pending arbitration, allegedly as authorized by section 3 of the United States .Arbitration .Act providing for such stays in " . . . any suit or proceeding . . . brought …

Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter

Michigan Law Review

In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.

Authority Of Allen V. Flood, Horace Lafayette Wilgus

Articles

In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?" This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.4 And, like the original question, it puzzled the judges and Lords very much to answer.